Car Accident - Need Advice (Have Third Party Only Insurance)

destination on 21/08/2019 - 13:24
Last edited 23/08/2019 - 11:13 by 1 other user

HI,

Need a advice how to deal and what will be my option here. Got in the car accident this morning. Other driver turned right from left only lane so I hit her car on her driver side door. My headlight is damaged in left passenger side and the bumper is slightly damaged as well. While turning I saw her car turning right as well but I thought that she will stop to let me go but she turn as her right of way and then this happens.

After the accident she was screaming that why I didn't stop or why I didn't let her go first, so I call police and they just told to exchange the details which we did. After I reach my work I call my insurance company and as I have 3rd party insurance only they told that the other driver needs to make a claim and the give me the claim number or they can repair it privately.

I send a text message 2 times but haven't got any reply.

So what should I do here if she don't reply me. Do I have to repair by myself or is there any other options.

Diagram

Do they really care: https://www.youtube.com/watch?v=njOAh6hSvNY&t=39s

https://www.ozbargain.com.au/node/478930

Update: I have called them again today and they asked me to launch a claim which I did and now I have to wait 2 days for them to come back to me. At this time they told me that as I am not at fault so I don't have to pay excess to repair my car.They also told me that the other driver have also launched a claim and they gave me their claim number as well. Now will see what will happen next. Thanks everyone for all your suggestion. Will keep you guys updated. OzBargain community is getting bigger and this is where you can get a guidance from someone who you don't know. Cheers

Automotive

Comments

  • spackbace on 21/08/2019 - 13:26
    +28

    as I have 3rd party insurance only

    Gets a comfy chair

    • apsilon on 21/08/2019 - 13:43
      +12

      No popcorn? Dieting?

      OP you have 3 options:
      - Repair at your own cost
      - Write letter of demand including quotes etc
      - Pay solicitor to handle

    • HighAndDry on 21/08/2019 - 14:04
      +3

      Oh there IS a Diagram!

    • Yummy on 21/08/2019 - 17:59
      +4

      Grab meself a Dorito Wasabi. This thread gonna be spicy!

    • SpotTheOzzie on 23/08/2019 - 13:16
      +2

      Watched the video, yes the other driver is in the wrong.

      But driving skills is a bit more than just following the road rules. C'mon mate you and me both know that the accident was avoidable. If every person on OzBargain didn't react to other's driving poorly Chatswood would be a scrap yard and Epping would be a wreckers.

      • ssquid on 24/08/2019 - 02:03

        Especially stupid when you know you don't have comprehensive insurance.

  • [Deactivated] on 21/08/2019 - 13:32
    +13

    I wouldn't text. You can get legal address for serving documents from police stations after an accident and with texts she can say you were harrassing. Get a proper quote and send it to her and document it all. Keep everything factual and communication to a practical minimum.

    • Downvoter on 21/08/2019 - 13:35
      +8

      Civil matter

    • k-rokfm on 21/08/2019 - 13:36
      +7

      And keep all communication respectful (firm but respectful if needed). Definitely don’t get into any arguments as that will count against you and make the situation a whole lot worse

      • destination on 21/08/2019 - 13:48
        +1

        I just send her 2 text messages because she didn't reply me for me first text. And I am not trying harassing her and obviously I am sending a message with respect, just want her reply. Just now I got a call from her brother and was threatening me why I send message to his sister and do you know the road rules… I told that if you are threading me then I will call the police and then he started saying that he will give me a call after his work, whih I am happy with that as long as I get some answers.

        • spackbace on 21/08/2019 - 13:52
          +15

          and then he started saying that he will give me a call after his work

          Be very very careful, this sounds like it's going down a bad path given he's already having a go at you about the situation

          • destination on 21/08/2019 - 13:55

            @spackbace: Thanks Spacebace. That's the reason I wanted to get people suggestion.

        • [Deactivated] on 21/08/2019 - 13:57
          +9

          Keep in mind the relative is trying to get out of paying. Right now your negotiation is pretty pointless without a quote. Get a quote. Make your claim. Find witnesses. Arguing with a family member is pointless and in their favour. Quiet actions are in your favour…getting that quote, making your claim and then potentially sending the legal letter on solicitor letterhead.

        • HighAndDry on 21/08/2019 - 14:05
          +2

          I'd ONLY communicate in writing from now - very hard to prove who said what (and easy for people to throw accusations). Text at a very bare minimum, email preferred, and if/when it gets to the pointy end, registered mail.

          • destination on 21/08/2019 - 14:13

            @HighAndDry: Now I was told that they going to speak with Insurance so I will just wait, I think.

            • HighAndDry on 21/08/2019 - 14:15
              -8

              @destination: Yup. From your description, it might be partially your fault and their insurance might refuse to pay for your repairs (or even might ask you to cover their damages).

              1. Your repairs - since you only have CTP, you'll need to send them a Letter of Demand yourself (go to a mechanic and see how much it'll cost to fix your car).

              2. Their repairs - if they do demand you pay for their repairs, forward that onto your insurance (or - not recommended - if it's less than your insurance excess, you can consider not making a claim and paying it out of pocket).

        • Quantumcat on 21/08/2019 - 15:18

          Get a call recording app on your phone and record his call. You may need to tell him you are recording, not sure of the law there. Be calm and respectful on your end.

          • destination on 21/08/2019 - 15:24
            +4

            @Quantumcat: I have got samsung S8 and after the last update any call recording app doesn't record the callers voice. It just records my voice only.

            • Quantumcat on 21/08/2019 - 15:27
              +3

              @destination: That's annoying! An alternative is to have a second phone, put your call on loudspeaker and record a memo on the second phone

              • destination on 21/08/2019 - 15:27

                @Quantumcat: Should be doing that now. Thanks for your advice.

              • Yummy on 21/08/2019 - 18:04
                +1

                @Quantumcat: OP is in Auburn (Hi Salim!), recording is illegal in NSW, but yeah unless you got a permission from the other party (mention that in recording).

                But then again when you ask for the permission, they prolly would hang up on ya.

                • BewareOfThe Dog on 21/08/2019 - 20:57
                  +12

                  @Yummy: Start off with 'hi, this conversation is being recorded for training and management processes…'

                • grr1701 on 22/08/2019 - 09:32
                  -2

                  @Yummy: I THINK that, if you’re part of the conversation, you can record it without the other person’s consent. Third parties can’t record private conversations (legally).

                  • Ti-au on 23/08/2019 - 08:12
                    +1

                    @grr1701: Wrong. Each state is different.

  • 87percent on 21/08/2019 - 13:33
    +20

    she didn't have the right of way, if going by your picture, the left lane is for turning left..

  • Skramit on 21/08/2019 - 13:46
    +9

    Bit confused when you say "so I hit her car". If she turned right from the left turn only lane, she is at fault, she hit you.

    Civil matter now. You need to pursue her for the cost of repair as it was her fault.

    • destination on 21/08/2019 - 13:51

      Yes my car hit her car because she turn right from left only lane. I saw her car turning right but I thought that she is going to slow down and stop to give me the way which she clearly didn't.

      • Skramit on 21/08/2019 - 13:52
        +3

        Did you point out to her that she turned right from a left turn lane? If so what was her response?

        • destination on 21/08/2019 - 13:53

          Yes, She knows that she turned right from the left only lane but she and now her brother is screaming at me that I why I didn't stop.

          • [Deactivated] on 21/08/2019 - 13:59
            +8

            @destination: DOn't talk to them at all just lodge the claim with your insurance company with the other party being at fault. Hopefully you got some witness statements to corroborate what happened if you don't have in dash cam footage to support your claim?

            • destination on 21/08/2019 - 15:12

              @[Deactivated]: I have already called my insurance but I was told that since I have 3rd party insurance only so they need to make a claim and then pass that claim number to me to make a claim from my side.

              • Ughhh on 21/08/2019 - 18:20
                -6

                @destination: Sounds like your Insurance assumes you're at fault. Either way, your Insurance isn't gonna repair your car.

            • Ughhh on 21/08/2019 - 18:19
              +2

              @[Deactivated]:

              DOn't talk to them at all just lodge the claim with your insurance company with the other party being at fault.

              Op has 3rd party, not comprehensive.

              • Zeusy on 22/08/2019 - 07:26

                @Ughhh: Still has to lodge a claim to avoid legal costs in case the other party tries to sue.

                • johnno07 on 22/08/2019 - 22:17
                  +2

                  @Zeusy:

                  Still has to lodge a claim to avoid legal costs in case the other party tries to sue.

                  Huh?

  • Typical16-bitEnjoyer on 21/08/2019 - 14:01

    3rd party insurance only they told that the other driver needs to make a claim and the give me the claim number or they can repair it privately.

    I'm assuming you're not with RACV or Allianz?

    • destination on 21/08/2019 - 14:05

      No, I am with NRMA.

      • Typical16-bitEnjoyer on 21/08/2019 - 14:06
        +7

        Building opposite (25 S Parade, Auburn) appears possibly to be a security camera at the west doorway. Can't harm asking them but do it quick.

      • Typical16-bitEnjoyer on 21/08/2019 - 14:08
        +12

        Call NRMA again. Refer them to page 43 or 50 (read your policy) of their PDS

        Tell them you wish to file a claim involving another at fault driver.

        • destination on 21/08/2019 - 14:18

          I have a dashcam in my car but when I took out my SD card and plugin in the computer its asking me to format. I am going to try in a different computer and see if it works.

          • destination on 21/08/2019 - 14:39
            +9

            @destination: Luckily was able to get the dashcam footage which I have uploaded in youtube and shared the link above.

            • HighAndDry on 21/08/2019 - 14:48

              @destination: Oh man, that's… not terrible but also not great for you.

              She turned right from a left-turn lane. You also turned without staying in the same lane. The fact she's in front and you could see her…….. might tip it over the edge into you being at fault actually. Very slight "might" though, and you have CTP insurance so let them fight that for you if it comes to it.

              • Typical16-bitEnjoyer on 21/08/2019 - 14:58
                +11

                @HighAndDry: Nah footage is fine. Other driver didn't indicate left or right, other driver disobeyed lane marker, other driver impended OP's path, OP had nowhere to go, braked quickly and safely.

                OP looks safe as houses to me.

                • HighAndDry on 21/08/2019 - 15:31

                  @Typical16-bitEnjoyer: Partial fault only requires OP to have also done something wrong that caused the accident, not that they did less wrong than the other driver.

                  • Typical16-bitEnjoyer on 21/08/2019 - 16:05
                    +1

                    @HighAndDry: Yeah that gets trotted out every fender bender thread on here.

                    It's a non issue. This will never go to Court. The contributory negligence will never be examined nor decided.

                    • HighAndDry on 21/08/2019 - 16:56
                      +1

                      @Typical16-bitEnjoyer: It's not only relevant for court - it's relevant as between insurance companies.

                    • Typical16-bitEnjoyer on 22/08/2019 - 18:48

                      @Typical16-bitEnjoyer: I think you're overestimating the amount of a time they will spend on a third party claim with a threshold limit of 5k.

                      100%, 0%, 50/50 is about the level of detail they will go into for something like this.

              • kerfuffle on 21/08/2019 - 14:59
                +3

                @HighAndDry:

                CTP insurance

                That’s not for car accidents, unless someone’s been injured. Did you mean Third Party Insurance?

              • destination on 21/08/2019 - 15:15

                @HighAndDry: So you are saying that it may be my fault when she clearly turn right from the left only lane. Will it be my fault? At that time I only thought that she will stop and let me go which she didn't and this happened.

                • HighAndDry on 21/08/2019 - 15:29
                  -6

                  @destination: May be, yes. Because the rule is also that you should end a turn in the same lane that you started in, which in your case is the right-most lane. It looks like you started the turn from the right-most lane, but finished the turn - or was finishing the turn, into the left lane.

                  Also the overriding road rule is that no matter what the right of way or give way are, if you see another car (or person or obstacle) you shouldn't drive into them.

                  • destination on 21/08/2019 - 15:31

                    @HighAndDry: Yes, because it was right turn only lane and while turning right I can choose which lane to stay.Because I have to go left after the turning so I have to stay in the left lane not the right lane. Isn't it?

            • kahn on 21/08/2019 - 15:02
              +4

              @destination: Thanks for the video. Yes, obviously the other driver shouldn't be turning right. But I imagined myself in your car and couldn't believe how you just assumed the other driver would give way when you were some distance behind. They already did the wrong thing by turning the wrong way, so your instincts should tell you that they're not going to do you any favours.

              This could've been easily avoided if you exercised some caution, even with other driver at fault. Given the low speed, this seemed avoidable with a bit of braking or turning harder. Just some advice for the future.

              • destination on 21/08/2019 - 15:17
                +2

                @kahn: After I turned right I have to stay in a left lane to go left so from my lane I straight jump into the left lane. If I have to turn right from the other end then I would have stayed in the right lane and this won't happen.

                • HighAndDry on 21/08/2019 - 15:30

                  @destination:

                  After I turned right I have to stay in a left lane to go left so from my lane I straight jump into the left lane

                  Were there lane markings on the road when turning? If not, you might be okay. If there were, you should stay in those lane markings.

                  • Typical16-bitEnjoyer on 21/08/2019 - 15:35

                    @HighAndDry: No.

                    Road Users handbook page 90

                    No right arrow lane marking on the left lane.

                    EDIT: And another sneaky edit. Anyways.

                    • HighAndDry on 21/08/2019 - 15:36

                      @Typical16-bitEnjoyer: Not that part - other driver was obviously in the wrong. Was referring to this:

                      • In marked lanes, you must stay in the same lane as you go from one
                      road to another

                  • destination on 21/08/2019 - 15:36
                    +4

                    @HighAndDry: https://imgur.com/a/xXjJWCD

                    Check this link. If you are turning right from right lane you are allowed to chose any lane.

                    • HighAndDry on 21/08/2019 - 15:40

                      @destination: Yup, if there are no turning lane markers (through the turn). If that's the case you should be fine. Still the general rule of "you shouldn't drive into other cars" but that's vague enough your insurance should be able to fight any claim.

                      (And that's the key point - you don't need to worry about it because your insurance will argue it for you anyway).

                      • destination on 21/08/2019 - 15:43

                        @HighAndDry: Thanks HighAndDry.

                      • ssquid on 21/08/2019 - 17:05

                        @HighAndDry: Keep in mind this is third-party insurance - they're just as likely to say go away, this is not a no-fault situation.

                        • HighAndDry on 21/08/2019 - 17:07

                          @ssquid: Wait, for OP or the other driver? If the other driver's insurance makes a claim against OP, OP's insurance would have to step in. Even if they think it's a no-fault situation, their job involves convincing the other side of that.

                          • ssquid on 21/08/2019 - 17:10

                            @HighAndDry: OP seems mostly concerned with getting his car repairs paid for by the other driver rather than his own liability.

                            • HighAndDry on 21/08/2019 - 17:14

                              @ssquid: Oh. At least it helps that they're with the same insurance company, but OP would still have to make a claim him/herself.

                              • neosin on 21/08/2019 - 19:40

                                @HighAndDry: 100% wrong, the other driver should not have been turning right under ANY circumstances. If the other driver had not turned right the accident would not have happened.

                                End of story/argument. No ifs/buts/what ifs.

                                The only time where this would be considered partial fault is IF the other driver was allowed to turn right from her lane.

                                • cynicalmike on 21/08/2019 - 20:07
                                  +4

                                  @neosin: yes i agree but there is a law that states if you can reasonably avoid an accident you are obliged to.

                                  eg. if a pedestrian walks out 100m in front of me and i see them, a whole 10 seconds passes and i don't brake but hit them anyway i would be held liable regardless of whether they stepped out onto the road to pick up that bottle cap stuck in the road or whatever. ie. you can't just run people over because you have right of way

                                  what some people have said is that he could have easily just braked and let the idiot lady through and no accident.

                                  i say don't show or mention the dashcam footage and just leave the insurance to rule as her being at fault for the reasons you have said.

                                  • Euphemistic on 23/08/2019 - 06:55

                                    @cynicalmike:

                                    ie. you can't just run people over because you have right of way

                                    Which is why there is no such thing as ‘right of way’ in the road rules. The only thing in the rules is when you wmhave a responsibility to give way.

              • destination on 23/08/2019 - 11:14

                @kahn: @kahn Do they really care though https://www.youtube.com/watch?v=njOAh6hSvNY&t=39s

  • [Deactivated] on 21/08/2019 - 14:40
    +5

    Best of luck OP. Drivers like that are why we all need Comprehensive.

  • Trying2SaveABuck on 21/08/2019 - 14:45

    Im from Victoria

    But if it is anything like i have experienced the law is f***en shit. Police wont help you they will tell you it is a civil issue and it would cost you an arm an a leg to (maybe) get this bogen driver to pay to fix your car which the legal system treats you like a criminal.

    I donno why she yelled at you she was clearly in the wrong but the fact she wont admit that she will probably not contact you.

    I absolutely hate our system because the police are useless and victims of incidents like this are becoming all too common instead they are more interested in booking people for speeding or over staying 5mins longer then the 1hr parking allows opposed too taking actual bad drivers off the road. If you ask me the reason the road toll is so high is because the police dont want to get there hands dirty in these civil incidents - drivers like this should be given a mandatory 4 week suspension because it is dangerous driving!

    To you my friend, unfortunately if this lady isn't a half decent person and willing to let her insurance repair your car there isnt much you can do (practically)… perhaps take her to VCAT but even they have little power and it is a LOT of hassle and you will have to front up the cost initially…

    • Typical16-bitEnjoyer on 21/08/2019 - 14:59
      +4

      Police wont help you they will tell you it is a civil issue

      …and they would be correct.

      • Trying2SaveABuck on 21/08/2019 - 15:20

        Yes it is a civil issue but she also broke the law by turning from the incorrect lane if the police were any decent they would support the civil case but ADDITIONAL charging her with reckless driving if OP has dash cam footage

        The police often are too lazy and anything that is civil even if the law is broken they wont touch keeping bad drivers on the road

        • Typical16-bitEnjoyer on 21/08/2019 - 15:30

          ADDITIONAL charging her with reckless driving if OP has dash cam footage

          They will. If OP lodges a complaint. That's up to OP. Nothing to do with being "lazy"

          • Trying2SaveABuck on 21/08/2019 - 15:33

            @Typical16-bitEnjoyer: Actually they wont…. they have told him it is a civil matter which means they are not interested in helping OP…. i dont know how you dont get this?

            • Typical16-bitEnjoyer on 21/08/2019 - 15:52
              +1

              @Trying2SaveABuck: The damage to his vehicle is a civil manner.

              The breaking of a road rule is not.

              These are separate matters. Anyone can report anyone for breaking a law, including a road law, any day of the week. Call the non urgent line 131 444.

        • HighAndDry on 21/08/2019 - 15:35
          +1

          No, not every case where someone breaks a road regulation is reckless driving. And no, police aren't obligated to "support OP" in any civil case. They weren't there, what could they possibly "support" with?

          • Trying2SaveABuck on 21/08/2019 - 17:37

            @HighAndDry: turning right from a left only lane is reckless driving…. if OP has video footage of it then i'd say upholding the law is reason enough to support OP…

            • HighAndDry on 21/08/2019 - 17:41

              @Trying2SaveABuck: I'm not saying there's no reason to support OP, I'm saying there's nothing for the police to do.

              OP already has footage. The judge already knows the law. OP already knows who the other driver is. Police would just be twiddling thumbs and providing moral support.

            • lethalmoney on 21/08/2019 - 21:05

              @Trying2SaveABuck: no it isnt.

    • destination on 21/08/2019 - 15:00
      +1

      Thanks Ontheshred.

      • Some Guy on 21/08/2019 - 18:16

        You should look into asking the police to charge the driver with not turning left or disobeying whatever rule applies.

        • destination on 21/08/2019 - 18:18

          I called the police from there, as other driver was screaming at me. I was told by the police that they won't attend the scene unless there's someone trapped in the car or injured.

          • Some Guy on 21/08/2019 - 18:20

            @destination: They can still charge the driver and issue a fine.

            • destination on 21/08/2019 - 18:24
              +1

              @Some Guy: As long as she accepts her fault and fix my car I am not that worried about she being charged. Mistake happens from everyone, from here she needs to learn. That's what I think.

              • Some Guy on 21/08/2019 - 18:27

                @destination: Having her charged strengthens our case, doesn't it?

                • destination on 21/08/2019 - 18:31

                  @Some Guy: Does it? Some people here says that police won't do anything in this case. I am not sure if I go to police or not?

              • kerfuffle on 21/08/2019 - 18:47
                +1

                @destination: I don’t think it was a mistake. I think it was deliberate and she was cutting the queue. She wasn’t indicating, for one and secondly, she was yelling at you despite her being in the wrong lane.

                Was she Asian by any chance?

                • abb on 22/08/2019 - 09:31

                  @kerfuffle: No need to be racist, there are plenty of frackwits of all ethnicities on the roads.

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