Accident with a Truck (Uninsured)

Lausmansan on 21/06/2019 - 17:47
Last edited 22/06/2019 - 11:10 by 1 other user

I live in QLD and I had an accident in NSW region last year. The weather was terrible, it was hailing and raining at the same time. I was in a car and was hit by a truck. My car was written off and there were very little damages to the truck. I was uninsured at the time of the accident (my blunder).

Insurance company of the truck slapped me with a bill of nearly $42000 accusing me fully at fault. They forwarded the case to the lawyer. I offered them $10000 for their damages to pay them in instalments. They refused my offer. They want to take me to court. It can be seen from the video footage that the truck driver was not speeding according to the weather conditions. I have uploaded the dashcam footage that they given me as an evidence of my fault.

I want to know if I am at fault? If yes, to what extent? What are my chances if the matter goes to court.

Truck driver was definitely over speeding as per the weather conditions. Any comments on that?

Tried to calculate his speed by the dashcam footage.

He crossed 25 white lines in 10 seconds. Each white line is 10 feet itself and the distance between the lanes are 30 feet, in total 40 feet.

25 x 40 = 1000 feet
1000 feet = .308 meters in 10 seconds
.308 meters x 6 = 1.848
1.848 x 60 = 110 KMPH

Max speed for these kind of trucks in NSW is 100 KMPH

Automotive

Comments

  • rustoeki on 22/06/2019 - 12:16
    +8

    Silver lining. Your insurance premium won't go up because you made an at fault claim.

    • ozoner on 22/06/2019 - 12:25

      Yeah. It'll go from $0 to $0. Bargain, sign me up!

      • Ace Ventura on 22/06/2019 - 14:23
        +1

        Think of all the money he has saved.

    • Never Pay RRP on 22/06/2019 - 16:54
      +1

      The real silver lining is that the insurance premium of everyone else won't go up because of OP's actions (presuming the insurance company can actually get the money out of the OP)

      • pegaxs on 22/06/2019 - 19:43
        +1

        And that’s the real bargain here. Thanks, OP.

      • ankor on 25/06/2019 - 20:30
        -1

        I don't think one claim will be the straw breaking that particular camel's back lol

    • WhoGiveAShxt on 23/06/2019 - 00:54

      damn son, what insurance company are you using and where to sign.

  • Homr on 22/06/2019 - 12:24

    wheres the footage? Did the OP take it down after all the backlash?

  • Homr on 22/06/2019 - 12:25
    +7

    Just saw the footage, wow OP wtf were you doing???

  • Homr on 22/06/2019 - 12:26
    +7

    "I want to know if I am at fault?"

    Did you even watch your own video? how can you not be at fault??

  • Homr on 22/06/2019 - 12:36
    +1

    You're very lucky to be alive OP

    did you not hear about the fatal accident in Sydney not too long ago?? Very similar circumstances to yours where a freight truck hit a stationary car

    https://thenewdaily.com.au/news/state/nsw/2019/05/09/sydney-…

  • eldudebrothers on 22/06/2019 - 12:56
    +6

    OP took video down after coming to the untimely realisation that not only is he unanimously at fault and being incredibly negligent, but also evidence that he can potentially be done for reckless driving.

  • oSammy21 on 22/06/2019 - 13:29
    +3

    OP not only is it an extreme gamble to drive without insurance but it’s also borderline retarded to manoeuvre like you did, in that weather, for no logical reason, very quickly, into the fast lane, with an oncoming truck beside you.

    Now to make things even more dramatic you want to pin this whole thing on the truck driver???

    I was seriously hoping this was a troll post but the details and video provided (pre him taking it down - look through edits to see) suggest that this is real and kind of scares me to think I’m sharing the road with someone who not only is a negligent driver without insurance but will try to pin it on an innocent driver.

    You’re lucky you got out of this alive.

  • Pantagonist on 22/06/2019 - 13:37

    Looks like there were at least six other cars stopped in the emergency lane whose drivers would have enjoyed a front row seat for these hijinks.

    Did you try asking them to be eyewitnesses and vouch for you being anything less than 100% at fault? If so, how did that go?

  • Nads2407 on 22/06/2019 - 14:00
    +1

    Video for anyone looking for it
    https://vimeo.com/323054028

  • Vote for Pedro on 22/06/2019 - 14:09
    +6

    Oh dear. Just watched the video.

    OP looks like he was trying to hide his uninsured car from the hail under the bridge on right hand side of road.

    You pulled a manoeuvre that could’ve killed people because you were uninsured and tried to save a few $$$

  • Bilalwentwild on 22/06/2019 - 14:15
    +5

    @OP You were not just changing the lane, mind telling us what exactly you were trying to do? Before the impact brake light was on. To me it is not just being at fault, it was attempt to suicide. Even if the truck was doing 220Km/hour, what you did was pretty stupid. And you admit that, that's why you offered 10k. Offer them a sensible payment plan and learn from this. We, Oz-bargain community will appreciate if you quit driving if you are going to repeat this mistake

  • boujee on 22/06/2019 - 14:20
    -1

    Lol unlucks g

  • Homr on 22/06/2019 - 14:43
    +1

    If this was posted on whirlpool, the OP would've edited his original post with blanks and did a runner

  • AMLagonda on 22/06/2019 - 16:51
    +4

    Who the Funk drives like that, did you get your lic out of a cereal packet?

  • kalithreaver on 22/06/2019 - 16:52

    wow you could have been killed. you are lucky you werent injured or killed.

    now you learn the hard way why you are legally required to have 3rd party insurance while driving. you might have saved $300-400 a year in fees by now having it but now you have to pay the $42k that they are asking for. you're lucky you didnt crash into a building and have to pay $100k+ in damages.

    • tcme on 23/06/2019 - 21:26
      +7

      Third party property isn't compulsory lol.

      • brendanm on 23/06/2019 - 22:25
        +4

        It's insane the number of people that don't have a clue what they are actually insured for.

  • syousef on 22/06/2019 - 17:47
    +16

    The criticism this guy is receiving is fair, but bear in mind he doesn't sound like he's in a good state of mind. How would you cope with incurring a $42k debt if $40 was a significant amount to you?

    We had a bargain post about a free suicide prevention course last night (moved to forums). I'm not saying he is, but then again, how would you feel about posting jokes about someone's incredibly poor decision making if you found out a few days or weeks later that they'd taken their life? As tempted as you might be to scold the guy or make a joke (and I will admit that I myself am tempted to post some real zingers), let's not be that community.

    • monkeyfood on 22/06/2019 - 18:53
      +4

      his not doing that bad, just bought some land

    • eldudebrothers on 23/06/2019 - 07:05

      You make a very good point

    • SydStrand on 23/06/2019 - 20:51
      +2

      $42k will hurt, no doubt, but it's not a life-ending amount of debt for the OP who has purchased land, a newish car, and can afford to keep it fuelled and registered (but apparently not insured).

      He also doesn't come off as depressed or suicidal, just a desperate idiot trying to weasel out of paying by blaming everything from the weather to other drivers. No sympathy here.

      • syousef on 23/06/2019 - 21:28

        He deleted everything and is coping a lot of abuse.

        Everyone keeps mentioning that he bought land. If he can't get his insurance sorted, what are the chances he's invested wisely?

        • SydStrand on 23/06/2019 - 23:53
          +2

          He's deleting links out of shame. He's copping abuse because he still isn't accepting full responsibility for his dangerous driving by blaming weather, other drivers, etc. He's unrepentant. If I was on my bike, I could have died and the OP would be here spinning another story about how he 'was hit by a crazy, speeding motorcyclist,' asking advice to prove I was negligent. People like him are why I have a dashcam.

          Everyone keeps mentioning that he bought land. If he can't get his insurance sorted, what are the chances he's invested wisely?

          Loads of people don't have insurance, there's a new thread here every week. They prickle at the renewal, figure it's a rip because they didn't use it the last 5 years, and skip it. Maybe $40 was the last straw. He had a whole month to renew but didn't. He chose to drive uninsured and lost.

          • syousef on 24/06/2019 - 08:56
            +1

            @SydStrand: The very first thing I said was "The criticism this guy is receiving is fair" so I don't know why you're arguing as if I said otherwise. However regardless of the bravado, if this post is real, this guy's ego has just taken a battering. I don't think you can ridicule him into being a better driver or accepting responsibility.

      • [Deactivated] on 24/06/2019 - 14:21

        He also doesn't come off as depressed or suicidal, just a desperate idiot trying to weasel out of paying by blaming everything from the weather to other drivers.

        Weaseling out of things is important to learn. It’s what separates us from the animals… except the weasel. -Homer

  • Whomastadon on 22/06/2019 - 18:04
    +3

    Lol at OP being a stereotype

    • [Deactivated] on 22/06/2019 - 18:38
      +2

      The truck was in the right lane, passing slower moving vehicles.

      The OP indicated and then turned into that lane. Failing to give away and causing an accident.

      Should the truck have been going more slowly - probably, however it has nothing to do with whether the OP is liable.

    • SydStrand on 22/06/2019 - 19:08
      +7

      Not only was the truck driving too fast for the conditions

      Nope. So long as he was obeying the speed limit, he's in the right.

      but he also stayed in the right lane overtaking cars driving carefully in the rain

      Why exactly do you think they call it the 'overtaking lane?'

      Pretty sure it’s a law that you need to slow down but the truck driver didn’t care about anyone but himself.

      'Pretty sure.' There are laws about avoiding hazards and keeping safe distance, but none compel the OP to come to a complete stop on a freeway, much less attempt a blind merge into the overtaking lane.

      The educational value of threads like this or Aussie Dashcam Owners, is they highlight just how many clueless yahoos like the OP and yourself, that we have to share the road with.

    • Whomastadon on 22/06/2019 - 19:48

      2/10 troll.

      The truck could of been driving at Mach 5, what kind of retard would pull out in front of it. Oh wait, OP

    • AMLagonda on 22/06/2019 - 23:10
      +2

      billybob1978 hand your licence in mate, you clearly need to resit the driving test….

    • eldudebrothers on 23/06/2019 - 07:06
      +1

      Troll post 100%. 3/10

    • R-Man on 23/06/2019 - 17:27

      2/10 thanks for the effort

  • monkeyfood on 22/06/2019 - 18:50
    +1

    it reminds of a similar post some time ago where the op claimed a vehicle merged into them but op was the one changing lanes and even showed dashcam which showed op clearly at fault. where are these people coming from are they seriously that stupid or pretending? its concerning that driving along minding your own business somebody will crash into you and blame you… so dominos giving a license with every $5 pizda?

  • loropy9 on 22/06/2019 - 19:40
    +3

    I see two dckhds in the video. One hurtling down the highway in the worst downpour like there’s no tomorrow and another one getting in his way.

    • Whomastadon on 22/06/2019 - 19:49
      +3

      Anyone driving around with 0 insurance deserves everything they get. They drag society down a few notches to their level

  • tcme on 22/06/2019 - 20:14
    +2

    Law graduate here.

    You're toast. End of. However, I would be telling the insurer you cannot pay and that you'll declare bankruptcy if it's pursued. Therefore, offer them that $10,000 you have saying it's all you have, as them taking the $10k is better than $0, which is what they would get (or close to) if you're bankrupt. The timing of this is crucial.

    • Homr on 22/06/2019 - 20:36
      +3

      "Law graduate here."

      That's cute, have you secured a graduate job??

      • tcme on 22/06/2019 - 21:53
        +2

        Start in 2 weeks!

        • Homr on 22/06/2019 - 23:53
          +1

          Congrats! Which law firm? Minter Ellison??

    • CMH on 23/06/2019 - 00:47
      +5

      He just bought land.

      Interest only or not, banks don't loan that sort of money without a substantial deposit, and proof of income.

      I'd say insurance company will chase for it, OP is forced to sell land and any proceeds from that goes to insurer (after the bank). On top of that of course will be a payment plan (if required).

      Bankruptcy doesn't automatically mean OP is off the hook. There will be a lot of financial pain and suffering, and I don't think OP has any chance of keeping that land unless 42k magically appears (or wins Tatts, who knows?)…

      • imurgod on 23/06/2019 - 17:40
        +1

        This is correct.

        An insurer, particularly a truck insurer, will pursue this to the end.

        There is more to it that just writing off a bad debt. The truck company would have this on their claims record as an unrecovered loss and it would affect their premium for 5 years.

        Every single truck insurer I've ever dealt with is very, very strong at recovery of claims.

        People don't get that their personal assets can be taken and sold to repay the debt.

        Edit: the dashcam video put OP squarely at fault 100%

      • tcme on 23/06/2019 - 21:27

        And guarantor?

  • Homr on 22/06/2019 - 20:38
    +14

    Moral of the story is to invest in a quality dashcam. Otherise drivers like the OP will try anything to offload the blame to you

    • Kelvin0911 on 22/06/2019 - 20:45

      haha so true…

  • Homr on 22/06/2019 - 20:40
    +1

    OP has now taken down the video. Did anyone manage to get a copy?

    • rompastompa on 22/06/2019 - 20:43

      Revisions

      Oh, video has been removed fro Vimeo as you've mentioned.

        • Butt Scratcher on 23/06/2019 - 18:37

          Oh, that explains a lot.

          I was wondering what everyone was going off of, OP has absolutely no description of the accident.

          But yeah, OP is stuffed.

          That's some terrible driving, how do you not see a gigantic truck driving down the side of the lane you are merging into.

          But gosh, I kinda feel bad for OP. Totaled car and looking at a 40k bill

        • bugman on 23/06/2019 - 20:45
          +2

          Honestly the worst dash cam quality i have ever seen. The truck driver could be driving on Mars for all i can tell. AND its still clear the OP is a moron for driving like one and not having insurance. Sorry but i have no sympathy for people who dont have at least 3rd party.

          • Mrbean007 on 24/06/2019 - 12:44

            @bugman: I'm sure that's not the real copy just a downgraded version.

  • Kelvin0911 on 22/06/2019 - 20:43
    +1

    Well I think it's lucky that OP stopped. If he didn't then the impact could had been directly into him, and at that speed plus from a truck, he would have died.
    Just take it as a life changing lesson and move on. 42k is too small compare to your own life

  • MessyG on 22/06/2019 - 21:23

    Are there not laws about being stationary/travelling slowly on a highway?

    Seek legal advice OP, try to thank your lucky stars you're alive.

  • Bullion78 on 22/06/2019 - 21:34

    This thread has just given me a kick up the ass…off to pay for car insurance. Thanks OP

  • HeWhoKnows on 22/06/2019 - 22:25
    +2

    It amazes me how many OB posters dont have comprehensive car insuramce and then they come here looking for help

    Well all I got to say to each and everyone of you (uninsured) - it ain't no bargain

    SUFFER BABY!

    • Eeples on 23/06/2019 - 08:52
      +3

      This ozbargainer (the OP) is very new here.
      Third party property is good enough insurance (not comprehensive) if you can afford to replace or mend your own car.

  • HeWhoKnows on 22/06/2019 - 22:35
    -4

    Never ceases to amaze me how many OB posters think that the OB comunity are Judge and Jury.

    Well guess what - we are NOT !

    So cut out all the "Im innocent" details and just get to the point.

    Because you are not here looking for sympathy….are you?

    If you want serious help then BE OBJECTIVE.
    State all the facts without the padding as in this case - so much padding I cant tell what really happened.

    And if there is any chance you have done something wrong then SAY IT!

    As I see it these are the facts:

    OP has no insurnace.
    Truck drivers insurnace company is sueing for damages.
    OP needs to speak to a solictor fast!

    And dont forget..
    Anything you say can and will be held against you.

  • Out24q on 22/06/2019 - 22:44
    +9

    So it's pouring with rain, and also hail.
    You get to the overhead bridge, and find 4 vehicles getting shelter from the weather in the breakdown lane, and you decide that since your car has no insurance, you will get shelter on the shoulder on the Right Hand side of the Motorway, and just assumed that no one was driving in the Right Hand Lane, and simply changed lanes without looking??

    • Rumstein on 23/06/2019 - 17:08

      Looks like it.

    • AMLagonda on 22/06/2019 - 23:15
      +3

      Next you will be calling us racist when all we are doing is stating facts….

      • rinco on 22/06/2019 - 23:18
        -6

        Racism is ignorance but ignorance isn't necessarily racist. But sure, whatever, your straw man argument will win the battle on this forum.

        • Pantagonist on 23/06/2019 - 06:59
          +2

          But sure, whatever, your straw man argument will win the battle on this forum.

          Straw man.

          Mentioning racism because you excused OP's mistake due to their (apparently clear) ethnic background isn't a straw man. It's responding to the fallacious argument you put forward.

        • brendanm on 23/06/2019 - 10:34

          Pulling out in front of a fast moving truck is without looking is ignorance.

    • Eeples on 23/06/2019 - 08:55

      Not sure all these things are ‘clear’.

    • Never Pay RRP on 23/06/2019 - 12:55

      Which country exactly is it "the norm" to pull out in front of faster moving traffic and causing an accident?
      I'm genuinely curious as I have seen other threads like this where people say "I indicated and then pulled out and someone hit me" expecting to not be at fault

      • SydStrand on 23/06/2019 - 23:59

        Loads of countries. I did a cross country motorbike ride through Vietnam and people don't even use indicators, they barrel in horns blazing aka 'ready or not, here I come' and everyone else brakes to let them in or risk collision (which happens a lot). It's a million-player game of chicken.

        • Never Pay RRP on 24/06/2019 - 10:02
          +1

          But who would be at fault in the event of a collision?
          Getting cut off is not uncommon here either, but the law is quite clear cut, whereas some Forum posters seem to think they have right of way just because they indicated

          • Blargman2001 on 25/06/2019 - 01:54

            @Never Pay RRP: Law is very vague in Asia but a lot of the time the vehicle behind is at fault. If you can stick your nose in front you have right of way. Absolutely stupid rule but that's how it works there and encourages manoeuvres like OP's.

  • kool on 22/06/2019 - 23:27
    +1

    Pouring rain and hail. Why that truck was driving like that? The last hail storm I drove into, there were cars driving erratically, people were scared of the weather and confused. You cant escape weather on a freeway. On sydney M7 that weather would slow variable speed limit to much lower.

    But OP, you are at fault, moving onto a truck's path. Lucky, it could have been worse.

    • CMH on 23/06/2019 - 00:56

      Truck's vision was fine, as per dashcam.

      I don't see any issue with the truck's driving as long as they were doing the speed limit.

      Problem was with OP changing lanes without checking. Like previously mentioned, even if the truck was doing a reduced speed of 80, there was no way to avoid the collision.

      If anyone was feeling scared or confused, stopping in the emergency lane (as the other vehicles have done) is acceptable, and even expected. I have personally done this in the past on a heavy downpour: couldn't see far enough due to torrential rain, and didn't feel safe driving 40kmph on a 110kmph freeway; thus the only safe alternative was to stop and wait it out.

      Not merge into the overtaking lane because too many people were stopping in the left lane.

      • kool on 23/06/2019 - 07:41

        Yeah, agree with your point. Remember, visibility is not good in that condition. That is why everyone should slow down. During hail motorways also slows down. Obviously the truck can see everything but dashcam view is blurry until he gets close to even see that van.

        No wonder why NSW govt forced people to drive at 40 if there is an emergency vehicle stopped with flashing lights even on a motorway.

    • [Deactivated] on 23/06/2019 - 11:23
      +3

      Why that truck was driving like that?

      What, you mean going straight in the same lane throughout?

      I dunno? Maybe he has to get somewhere but that's just an assumption.

      • kool on 23/06/2019 - 11:45

        He should slow down if it was hailing. I drove during a hail storm last March. Not pretty, severe damage on the car. I drove less than 40km speed on old Windsor road. I could have been ran over, but all others were slow too. I got the point, trucks are big, nothing happens to them if it hits a fallen tree or skidding car.

        • [Deactivated] on 23/06/2019 - 12:56
          +2

          People should slow down if there is rain.

          People should slow down if there is hail.

          People should slow down if there is fog.

          People should slow down if there cars stopped a four three lanes away on the emergency lane.

          People should slow down if there are cars that may pull out suddenly.

          People should slow down if…

          People seem to need to do a whole lot to avoid an accident… OR people just need to check for hazards before changing lane.

  • Bluberry on 22/06/2019 - 23:30
    +3

    The take home message from this sad situation is

    NEVER FCKING DRIVE WITHOUT INSURANCE

    • aussieolfaction on 23/06/2019 - 10:24
      +4

      Given the OP's callous attitude and driving "skillz", he should never be driving at all.

    • [Deactivated] on 23/06/2019 - 11:24
      +1

      NEVER FCKING DRIVE WITHOUT INSURANCE

      Well, that's the first time I've heard of that. Or the hundredth.

  • RolandWaites on 22/06/2019 - 23:52
    +1

    lol

  • WhoGiveAShxt on 23/06/2019 - 00:20
    +2

    According to the video, I am surprise that you were not kill or got some severe injures. Obviously you were driving like a moron who have no F-ing clues of how to drive properly.

    Paid the bill and then learn how to drive. You were lucky that walking out that situation alive. It could easily turn out much much worse for you and your family. That truck could crash your small car like a cardboard box without any troubles, especially when it is doing 100km per hour on the free way.

    Pray to your god because you lucky ass are still breathing. and don't bother to argue with the insurance company because you have no chances to win the case, AT ALL.

  • spasto on 23/06/2019 - 00:43
    +2

    You should be grateful that you're not killed or worse caused a major accident that killed other innocents on the road.

    The accident was completely your fault. Why would anyone change lane in a freeway without looking and drive without insurance? Your licence should be stripped.

  • [Deactivated] on 23/06/2019 - 05:23
    +1

    Lucky you didn't kill anyone.

    Get insurance.

  • Lexan on 23/06/2019 - 06:37
    +1

    Visible is bad. Van is driving slowly. Truck is showing no sign of slowing down.
    What if there's something ahead already on truck's lane? There's no way truck can stop.

    • [Deactivated] on 23/06/2019 - 11:25
      +5

      Trucks have brakes.

      Not crystal balls.

      • Never Pay RRP on 23/06/2019 - 12:52

        I agree.
        I won't drive super slow everywhere I go just to compensate for other idiots who don't know how to drive

  • raowriter on 23/06/2019 - 08:02

    You are definitely at fault and, frankly, lucky to be alive. However, it might be worth negotiating with the truck company to reduce the amount, perhaps on the basis of saving time and legal expenses associated with taking it to court.

    • apsilon on 23/06/2019 - 08:05
      +2

      If it goes to court they'll probably seek to recover their legal costs as well as the $42k they're currently after so not much advantage to them really.

  • Turbz on 23/06/2019 - 08:04

    Depending on what the car damaged as he merged into the not at fault truck drivers lane, 42k seems legit if the truck driver is claiming damages to the truck plus loan vehicle towing etc etc.
    Common sense, you can't just pull out infront of another vehicle regardless of what it is, car or truck and expect rainbows and daisys… Be an idiot, expect this sort of outcome. People die from shit like this.

    • pyramid on 23/06/2019 - 08:16

      People don't care and have seen this many times on M1 in Melbourne. Idiots put indicators and start merging . They feel that putting indicators on give them right to merge…..

      • hunterhalo on 23/06/2019 - 09:42

        Exactly,just like what i said in page 2, please upvote for me hehe, honestly its not as bad as Sunshine rd, at the wool warehouse intersection,if you go straight (profanity) stick to left lane,dont wait until last minute and saw cars wanting to turn left, then indicators on and change lane straight away when the indicators not even complete 1 blink cycle

Login or Join to leave a comment
Login Join