Advice Needed On Accident

Lmhaqs on 03/06/2019 - 17:04
Last edited 08/06/2019 - 18:41

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:

Automotive Car Insurance Insurance

Comments

    • Skramit on 04/06/2019 - 09:23
      +6

      I love it. The stories are awesome.

    • wiipantz on 04/06/2019 - 10:00
      +12

      Then don't read and/ or comment, troll. Just stick to yer lurking from under that bridge.

    • mhaqs on 04/06/2019 - 16:37
      +1

      hmm, I hope something like this never happens to anyone. Two heads are better than one, when it comes to sharing information.

    • Zonty on 04/06/2019 - 18:24

      It's bargain website at deal section. At forum u can ask what you like free advice lol.

  • lltravel on 04/06/2019 - 09:00
    -7

    lol wow people give up rights so easily in Australia

  • brendanm on 04/06/2019 - 09:51
    +1

    You didn't get the rego of their car, or the officers name?

  • anzacpaul on 04/06/2019 - 10:10
    +2

    Police will never admit fault, but will pay for the excess and damages.

    Will just take a couple of weeks.

    • theguru1 on 04/06/2019 - 14:02
      +2

      Don't most car insurance policies state that you shouldn't admit fault.

  • termite on 04/06/2019 - 10:49
    +2

    strange
    so far no one suggested bikies

  • nep on 04/06/2019 - 11:33
    +2

    Not having any fault and getting into these kinds of things really sucks. Hope it gets sorted soon for you OP without any more issues

  • apptrack on 04/06/2019 - 11:48
    +17

    Make backups of the dash cam footage, cloud and physical.

    • TerryJustTerry on 04/06/2019 - 14:01
      +1

      This ^^^!

    • mhaqs on 04/06/2019 - 16:58
      +5

      I have at least 3 backups on physical and online services.

  • Androo305 on 04/06/2019 - 14:02
    +1

    I make special drink for you today mhaqs….

  • berry580 on 04/06/2019 - 14:24
    +4

    Wow. Sounds like current affair stuff.
    Police hits another car and fellow police assists with getaway.

    Sounds like an institutional culture problem.

    Shouldn't have let the police driver get away. Behind a police doesn't grant them immunity new responsibility with crashing into another car. This is a disgrace to the Vic police force.

  • redslert on 04/06/2019 - 15:02
    +3

    Note that the police will exhaust all legal avenues to get out of this.
    They will request for you to attend court to resolve even if it is sure thing that they are in the wrong.

    Happened to my father when a police paddy wagon was backing up and broke one of the side mirrors with witnesses.

    • mhaqs on 04/06/2019 - 16:59

      I hope it doesn't get that bad for me. I feel for your pain being in the situation.

    • Typical16-bitEnjoyer on 06/06/2019 - 11:25

      "They will request for you to attend court to resolve "

      Unlikely. OP's insurer would need to commence legal proceedings.

    • Baysew on 06/06/2019 - 11:35
      +1

      and broke one of the side mirrors with witnesses.

      That would have ensured that the witnesses would keep quiet.

  • Porker on 04/06/2019 - 15:15

    I remember a news article/situation where a Victorian Police vehicle performed an unsafe U-turn on the freeway and caused an accident. The officer did not have their lights or sirens on at the time.

    The Victoria Police Commissioner came on the news with message that the Victoria Police is exempt from the Road Safety Road Rules (ie. Victorian road rules), but they still have to drive mindfully and safely.

    I haven't reviewed the legislation or similar myself which actually states this exemption, but if public members or officers accept it as truth, then this may give explanation as to how/why the actions of the officers after this accident may not have been in line with what we 'regulars' must follow.

    • Jugganautx on 04/06/2019 - 18:56
      +5

      Someones gotta pay the excess and it aint OP

    • Typical16-bitEnjoyer on 06/06/2019 - 11:16
      +1

      Correct.

      Road Safety Road Rules 2017 s305

  • BargainKen on 04/06/2019 - 15:40
    +2

    VicPol - Where the rules are more like… guidelines.. :)

  • DogGunn on 04/06/2019 - 15:56
    +1

    Can you post the dashcam footage? Without identifying particulars.

  • ZAPMAN on 04/06/2019 - 18:39
    +7

    Probably best to follow the the advice of your insurance company at the moment. If it ultimately proves unsuccessful you can try calling 774 Morning show with Jon Faine as they have the Police Commissioner taking calls once a fortnight. I assume the same thing happens over at 3aw with Neil Mitchell. Good luck with everything!

  • wyrmy on 04/06/2019 - 18:49
    +6

    I've been holding off on buying a rear-dash cam for ages.. Grabbing the next deal immediately!

  • bmerigan on 04/06/2019 - 22:11

    I made the mistake of not getting the other parties details once. They never called and I was up the proverbial creek. Never again.

    • mhaqs on 04/06/2019 - 22:21

      Yeah, I'm afraid they won't call me as well. I intend to follow this up with a supervisor.

      Lesson learned as well here.

      • baskinghobo on 04/06/2019 - 23:06
        +7

        Don't be too hard on yourself. There was a good chance they wouldn't have given you their name no matter how hard you pushed for it going by the way they were acting. Just a word of advice from personal experience, tread carefully when dealing with people who have power over you, otherwise things can get much worse for you.

        • resisting the urge on 05/06/2019 - 12:22

          +1

          Read the constitution if you want to know what rights subjects of the Queen have.

          When you find them…. let us know!

      • Fishfinger on 06/06/2019 - 09:14
        -1

        Are you complaining for the sake of complaining??
        You have full insurance, and they told you it’s not your fault. They will get all the required details from the cops. All you need is the registration plate of the other car for them to initiate action.

        That’s why you pay the insurance company money to chase things up if a crash happens.

        • wyrmy on 06/06/2019 - 09:22

          Is there an exception to the law which says police don't need to provide the driver details at the scene of an accident? If not then it's a abuse of power and privilege.

          If OPs feeling is correct the way they were acting sounds sucpiciously like a cover-up for something. Maybe it's standard procedure but at no point did anyone at the scene or the station itself point to their behaviour as accepted procedure.

          Is that the kind of police you want representing our state?

        • mhaqs on 06/06/2019 - 10:52

          I don't think I'm complaining. I asked for advice whether anyone has any idea about how to deal with the situation at hand. Sure, the insurance company might deal with the claim and recovery, but it has cost me personal grief, loss of work hours and a brand new vehicle damaged without compensation so far.

  • HeWhoKnows on 04/06/2019 - 22:52

    I hope Op was smart enough to get the vehicle rego number, take some photos and get the police car number.
    Should have called the local police immediately given the circumstances.
    This is NOT GOOD!

    • mhaqs on 04/06/2019 - 23:00
      +1

      It's already mentioned in the posts that I do not have the driver's details but I have a video of all 3 police officers and their activity at the scene including the car rego.

      • [Deactivated] on 05/06/2019 - 10:28

        I am sure if you have a reputable insurance company they will sort it out for you. They would obviously know if police wont give you the drivers details you can't force them too.

        • Typical16-bitEnjoyer on 06/06/2019 - 11:23

          Unfortunately they won't. They got their excess. They'll drag their heels now unless the repair is extraordinarily expensive. They won't proactively do anything to return OP's excess either. OP will has to do all the legwork there :(

  • LordPanda on 05/06/2019 - 07:13
    +4

    Please post the video. Hope it gets sorted OP - these cops need to be disciplined.

  • wtfnodeal on 05/06/2019 - 09:50

    Just post the video on social media websites. No point to lodge a complaint or any forms with any government departments as they all help to cover up their mistakes and crimes.

  • orangetrain on 05/06/2019 - 12:43
    +2

    Interesting, I'm required to provide name and licence details or be charged with a hit and run with potential jail time.

    If two of my friends came over, checked the victim if they were in the wrong and overlooked my actions. Then told me not to give details. We left after telling the victim we will call later, I guess it's alright then.

  • tkdbboy on 05/06/2019 - 16:04
    +1

    Pre-dashcams they would've said you reversed into them and probably got away with it

    Those officers displayed low care and respect towards you, so why should you reciprocate?

    I say upload it (with any of your private information blurred) so it reduces the chances of them sweeping this under the rug.

    If it was the other way around and you ran into the back on them, without a doubt they (these officers in particular) would've gone out of their way to make the situation hell.

    • mhaqs on 05/06/2019 - 17:51
      +2

      You do make sense there. I once thought that this is what they intended when they grouped together but then the inspector intervened and pointed out the existence of a rear dashcam.

  • abuch47 on 05/06/2019 - 18:28
    +1

    Hurry up with the dashcam

    • mhaqs on 05/06/2019 - 18:49

      I would but I've gotten some threatning messages already. I will let the insurer deal with this for now and release the footage once I have some legal advice. The cops are identifiable by faces, and so am I, in the footage.

      • meatgasm on 05/06/2019 - 19:31

        Threatening messages by whome?!

        Blur the faces and rego? Obscure the noise whenever anything identifiable happens? Hell, send the video to me and I'll do it.

      • wtfnodeal on 05/06/2019 - 23:38

        What?! Are we in republic of Australia or the dictatorship from the middle east has influenced this country?

        • [Deactivated] on 11/06/2019 - 22:16

          Australia is not a republic.

      • LordPanda on 06/06/2019 - 11:04

        Come on mate, put up the dashcam footage for all the world to see. You'll be safer with it all public.

      • Typical16-bitEnjoyer on 06/06/2019 - 11:22
        +1

        Don't release the dash cam footage. There is absolutely zero benefit to you. Lodge the complaint first and await the outcome.

  • belongsinforums on 05/06/2019 - 20:41
    +4

    OP, know that police do have special powers and can 'get away' with a lot of things. best thing is you do avoid dealing with the police directly and let the lawyers at your insurance company handle it. hopefully you receive fair compensation soon. my car was totalled while stationary and i got my payout after about a month.

  • stewy on 05/06/2019 - 22:32

    I would strongly suggest you try contacting your local state MP. If they are any good, they will be sympathetic to your cause and will help you out with regards to this by pushing the right buttons at a higher level to make the police act like they should…

  • 0wave on 06/06/2019 - 03:26
    +3

    The officer committed a crime of "failure to exchange names and addresses" (ROAD SAFETY ACT 1986 - SECT 61 (1)(C) & (1)(D)

    This is clear corruption.

    The Police station don't have to tell you the identity of the driver, the liability rests with the driver. But when the driver is also a Police Officer, that's when things get really serious.

    Please report to IBAC and your local State MP

    Also publish the video and share on reddit and twitter.

    Contact Channel 7, Channel 9, Channel 10, ABC, SBS, 3AW, The Age, The Herald Sun, The Guardian.

    You have a moral duty to hold corrupt Police Officers to account.

    • Typical16-bitEnjoyer on 06/06/2019 - 11:16
      +1

      Read Road Safety Road Rules 2017 s305 and report back to us.

      • tkdbboy on 06/06/2019 - 11:46

        For the officer to have the above rule not applied to them, all the conditions ('and' between conditions) in the rule you mentioned have to be met.

        No mention of sirens plus reasonable care was not taken. They drove into a stationary car. With all the driver training Police get, you would think that "reasonable care" would be held at a higher standard for them.

        • Typical16-bitEnjoyer on 06/06/2019 - 11:55

          1. Did you not read ss 2(a)?

          2. Reasonable care is reasonable care. Accidents occur.

          • tkdbboy on 06/06/2019 - 13:47

            @Typical16-bitEnjoyer:

            1. Apologies, completely overlooked that.

            2. Seems like a grey area open to interpretation. At what point does it become unreasonable?

            I imagine this would be outside of reasonable care as the average person would be able to avoid rear ending a stationary car that is sitting at a set of red lights. Sounds like there was ample time to avoid this collision. Factors like time of day, visibility and road works could be factor.

            Thanks for sharing that road safety rule.

  • LoveMySmile on 06/06/2019 - 09:57
    +1

    Reporting doesn't do much. Get it shared and talk about on social medias.

  • DJR9000 on 06/06/2019 - 10:24

    Sounds like you got off lightly compared to this from NSW last september… 124kmh in a 70 zone while apparently chasing down someone on a mobile phone with no lights or sirens

    https://www.theleader.com.au/story/5889199/police-car-crash-…

  • Typical16-bitEnjoyer on 06/06/2019 - 11:20
    +2

    Just read this all OP. Crap situation. Really sorry to hear.

    Unfortunately your first mistake was paying the excess. You should have held firm and pressed the point that you meet all the requirements of identifying the other party pursuant to their terms and conditions. You had the police report and licence plate.

    Unfortunately now the insurance company will half ass it and only do something if there is a substantial deficit between the excess amount and the full cost of the actual repair job. You'll have to spend a fair bit of time getting that excess back.

    Lodge a complaint as others have advised. It definitely will be addressed seriously. Unfortunately it may take some time.

    • mhaqs on 06/06/2019 - 18:21
      +1

      Alright, I'll lodge a complaint tonight. I'll also make sure that the insurer doesn't drag their heels by calling any chance I get.

      • Typical16-bitEnjoyer on 12/06/2019 - 12:48

        Good luck. Hope it works out.

      • wtfnodeal on 12/06/2019 - 18:52

        Although I have a feeling your complaint will be ignored just like other government departments deal with the complaints. Wish you luck my hero!

  • mrvaluepack on 06/06/2019 - 15:34

    I shared the footage with the insurer, they agree I'm not at fault and promised to refund the excess once recovery is made.

    You should demand your excess back immediately not wait around until "recovery is made".

    • mhaqs on 06/06/2019 - 18:43

      Part of the PDS states: the excess applies, and cannot be waived, if "you cannot provide the name and address of the person at fault and the registration number of the vehicle involved". I suppose, I have two of those, I'll just need the officer's name.

  • barozgain on 06/06/2019 - 19:02

    Mate you seem to miss something very important, the power of the public/media. If your dash cam footage gets published everywhere online, no one will dare to do anything to you cause you've got the public behind you.

    Hence, if this isn't a troll/joke post, I think it's in the best of your interest to spread the footage everywhere

  • FiDad on 06/06/2019 - 20:09
    +3

    I have a feeling this thread is about to get added to ozbargain folklore and about to be linked in future forum posts and dashcam deals for many many years to come. OP i hope this gets sorted out and you get your excess back

  • mhaqs on 08/06/2019 - 17:13
    +4

    For anyone who wanted an update on the thread, please see the latest Edit on the OP. Things have sorted out because of an officer who performed his duty and shared the details with me. He also said that i can contact him anytime for further, if required.

    • sam-1966 on 09/06/2019 - 17:48
      +2

      Thank you for keeping us informed!

    • theguru1 on 10/06/2019 - 09:33

      It seems the power of the media made them decide to provide the details.

      What about the lack of a breathalyzer test for the driver?

    • Typical16-bitEnjoyer on 12/06/2019 - 12:49
      +1

      Excellent news. Glad to hear OP. Thanks for coming back and updating us! So few people do so.

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