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

                            • abb on 22/08/2019 - 16:05

                              @cynicalmike: Sure, I was just choosing a (hopefully) obvious example. There's nothing in the definition about being a member of the race concerned. Same with sexism, if grandma says "women should only cook and look after babies" it's still sexist…

    • Baysew on 21/08/2019 - 17:54
      +1

      Im from Victoria

      Maybe the Jeep was from Victoria too, just making a hook turn.

  • z10cvbnm on 21/08/2019 - 14:54
    +14

    Just saw the footage. She was wrong by turning right from the left-only lane, but this accident could be avoided easily.

  • kolorijo on 21/08/2019 - 15:00
    +4

    Like a cornered dog, she yelled abuse knowing that she is at fault…

  • John Kimble on 21/08/2019 - 15:00
    +5

    Usually when I notice another driver do something wrong, I back off a bit…you took a different approach…not a great result.

    Why did you not keep in the right lane after you turned to avoid a collision?

    • Quantumcat on 21/08/2019 - 15:24

      Because he was going to turn left soon

      • John Kimble on 21/08/2019 - 15:25
        +2

        Yeah, I get that, but to avoid a collision, you have to take evasive action.

  • John Kimble on 21/08/2019 - 15:02
    +2

    In front of Western Sydney Eye doctors too…just gets better!

  • destination on 21/08/2019 - 15:03
    +2

    Yes, this could have avoided if she have stopped there and let me go first. This road is my day to day use road and normally in the morning time lot of cars turn right from left to avoid traffic, and normally everyone stops, look and go but this driver just don't care. I thought that she will stop but she clearly didn't.

    • John Kimble on 21/08/2019 - 15:06

      So you know it happens a lot and you are wary of it, yet you still didn't avoid it? 🤦🏻‍♂️

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

        As I told you that I should have avoid it if I knew she is not going to stop. There is no reason for me to go and hit her when I have a 3rd party insurance only.

      • Typical16-bitEnjoyer on 21/08/2019 - 15:11
        +2

        @John Kimble Come on, pretty reasonable for OP to proceed there. Other driver jumped on their brakes to let the other car thru. Not unreasonable to think they'd let OP thru as well.

        • John Kimble on 21/08/2019 - 15:19
          +7

          Sorry, but if it were me I would have just had my hand on the horn the whole time and gone into the right hand lane to avoid a collision.

          I do hope the OP is found not to be at fault though…we've all wanted to do what he did, whether he did it intentionally or not.

      • unfinishedsentenc on 22/08/2019 - 11:42

        OP's not technically at fault, lay off them.

        • John Kimble on 22/08/2019 - 11:58

          You know this how?

        • Euphemistic on 23/08/2019 - 06:57

          If the OP had opportunity to let the other car go, but did not then they are at fault. Just becuase someone breaks a rule doesn’t give you the right to hit them.

          • Tj1999 on 23/08/2019 - 16:06

            @Euphemistic: So every time I approach a traffic light or a stop sign where I have right of way, I should anticipate that someone will run it illegally and let them through just in case? And if there is a collision I am at fault?? Very Euphemistic! (I mean optimistic…)

            • Euphemistic on 23/08/2019 - 17:31

              @Tj1999: Yes. You should anticipate that the other driver may not give way as they are supposed to, but you shouldn’t ‘let them through’ just in case. This is called driving defensively. If they force the issue, then you should do what is necessary to avoid a collision. You may be at fault if you do not avoid a crash where you should have.

              And get ‘right of way’ out of your mind. There is no such thing in law. There is only the concept of giving way in law.

            • nith265 on 23/08/2019 - 17:41

              @Tj1999: To avoid being negligent you need to take “reasonable” steps to avoid a crash. What’s considered reasonable will vary depending on the specific circumstances

              • Tj1999 on 25/08/2019 - 20:47

                @nith265: True, I ride a motorcycle and a bicycle so I am well aware of defensive driving/riding, I just can't comprehend that when somebody else is clearly breaking the law (and being selfish in general) by turning right from a lane obviously and clearly marked with left arrows, the onus should be on me and not them to avoid a collision. Obviously we don't want a crash to occur, but for those who have waited in the right lane and done the right thing, then have to check over their left shoulder as well 'just in case' someone is breaking the law. (yes i know it takes half a second, but add that into the other half seconds making sure the intersection is clear, make sure nobody is running the red light to your right, find a clear spot on the exit road etc…)

                • Euphemistic on 26/08/2019 - 09:14

                  @Tj1999: While I didn’t see the dash cam of this particular incident, it certainly sounds like the OP had opportunity to avoid from what others have said. Also, being hit on the front new the headlight indicates the other car was not in a blind spot.

                • nith265 on 26/08/2019 - 09:31

                  @Tj1999: Morally I agree 100%, especially in this case where the other driver was so indignant when OP hit them!

                  …then have to check over their left shoulder as well 'just in case'

                  If the other car hadn’t been in front of and in clear view to OP the entire time on the video I’d lean more towards him not being partially liable. When OP only described it in words only it sounded a lot better for him.

                  The other driver would still get a ticket if OP pressed the matter with police - I'm only talking about civil damages

    • z10cvbnm on 21/08/2019 - 15:10
      +6

      This could have been avoided if you stopped and let her go first. Regardless who's right. In the end, you gotta pick your battles.

      Hopefully you'll get this sorted quickly!

      • kolorijo on 21/08/2019 - 16:37
        +1

        True. You cannot win against crazies and believe me there are plenty on the road.

        • codinghelloworld on 21/08/2019 - 22:38

          Sure, I remember one day a car on the right lane next to me, cut in front of my car to turn left, also gave me a middle finger. Yes, it happened in Auburn too.

          • cheng2008 on 22/08/2019 - 02:40

            @codinghelloworld: Pretty sure it happened to me as well, the mark of an experienced driver is to not lose concentration after something like that happens. You just learn to roll with the punches and not be fazed by it.

      • brendanm on 21/08/2019 - 21:59
        +1

        Or at least have full comp if you just want to enter any battle at random.

        • monkeyfood on 22/08/2019 - 13:35

          Or drive a old Camry with 3rd party and win every battle

    • [Deactivated] on 22/08/2019 - 13:52

      I'm guessing you were driving in one of the big cities ?
      Coming from a more semi-rural area, but occasionally going to Sydney, it does feel a bit like you are always close to having collisions just from people pushing in, and not letting you in etc.
      I remember a thing on radio years ago talking about Melbourne City vs Sydney City driving. I can't remember which was which, but they said one you had to drive homicidal and the other you have to drive suicidal. They explained homicidal is driving out and pushing through traffic and forcing them to either move or be hit (like driver that hit you) and they said the other city was more suicidal driving in that you push out im front of them in a way where they either have to let you in, or collide with you.
      I much prefer driving in smaller towns and such, people will usually just have more good ol fashion manners, and will just let you in if you are stuck.
      Last time I drove in Sydney I had some crazy lady beeping her horn and trying to get me to pull over. Turns out she claims she was sure she heard me hit her vehicle (though not a single mark on my or her vehicle) . And she had been driving too close not keeping a safe distance and almost rear ended me, instead of just being courteous and slowing down while I transitioned into left lane (was stuck in far right of 5 lane city road and needed to move left).

  • altomic on 21/08/2019 - 15:05
    +2

    "oh, what's that big white car driving to my left? I'll hit it" - OP probably.

    seriously dude? other driver is a (profanity) but it is not like the other driver suddenly swerved into your lane (there was no other way for that driver to go).

    and it's not like the other car was not visible.

    • destination on 21/08/2019 - 15:07

      Why should I go and hit, I thought that she is going to stop and give me the way as while going forward I saw that she try to brake but later didn't.

    • Typical16-bitEnjoyer on 21/08/2019 - 15:14
      +1

      (there was no other way for that driver to go).

      Uh, yeah there was. Not proceed. Not impede right of way traffic.

      • HighAndDry on 21/08/2019 - 17:09
        +2

        I think altomic's point was that the other car showed absolutely zero signs of slowing down or stopping, and if it was continuing to drive, it was hardly going to drive onto the sidewalk. They're still at fault, but the accident was fairly predictable from OP's POV.

        • Typical16-bitEnjoyer on 22/08/2019 - 18:53
          +1

          Zero signs? It stopped for the car in front of OP then moved forward, stomped the brakes briefly before accelerating. They knew what they were doing.

  • unco on 21/08/2019 - 15:08
    +20

    Everytime someone cuts traffic like this, I always think to myself.. what if I just place my car right there and let the accident happen.

    Only thing is it stays as a thought only and I let those mofos in because a second or two delay isn't the worst thing that could happen.

    Thanks for living out my dream.

    • destination on 21/08/2019 - 15:10
      +1

      With me. I always try to avoid it as much I can, I know that some drivers don't care but from my point I always try to be in safe side so that I don't harm myself neither I harm someone else.

    • kahn on 21/08/2019 - 15:34
      +7

      That's pretty similar to what I was thinking.

      Option 1: I'm not doing anything wrong, so I can just keep going and hit the other car and go through the hassle of repairs and seeking compensation from the other driver.
      Option 2: I can see other driver is a jackass, but I'll exercise caution and let them in because I don't want the stress. I'll be pissed off for a couple of minutes, but that's all.

    • Godric on 22/08/2019 - 08:35

      Well said

  • tsunamisurfer on 21/08/2019 - 15:33
    +1

    There was more than ample time for the OP to stop and avoid the accident altogether.

    I am not sure of this one but I am leaning towards the Jeep being in the wrong, simply because she turned right on a left only.

    Part of my would NOT submit this dash cam as evidence.

    Just say she turned left and cut you off.

  • cynicalmike on 21/08/2019 - 15:43

    i don't know about other states, but i think in SA there's a law stating you must turn into the nearest lane when turning into a multi-lane road. ie. you can't immediately join the far lane

    this might be because you're not actually indicating for that lane (and you are moving across)

    but she is very wrong in that she is turning right from a left turn only lane

    she can argue that you didn't do enough to prevent an accident but she's more at fault because of the blatant lack of indicator and ignoring markings. just keep it simple and don't incriminate yourself unncessarily. only use the dashcam if it looks like they are going to rule against you.

    i personally avoid these kinds of accidents by turning into the nearest lane as above, but i've still had idiots cut across three lanes and try to turn into my lane (so i have to come to complete stop to avoid the accident). then i get beeped because i'm stationary on the road and holding up the agitated meth-head in hi-viz behind me.

    road rage ensues.

    • destination on 21/08/2019 - 15:45
      +1

      https://imgur.com/a/xXjJWCD

      In NSW you can turn right and choose which lane you want to stay.

      Thanks for your suggestion.

    • Typical16-bitEnjoyer on 21/08/2019 - 16:02

      but i think in SA there's a law stating you must turn into the nearest lane

      There isn't see sections 32 and 92.

      Only required to when there's a traffic device (lane markings) in the intersection.

      • cynicalmike on 21/08/2019 - 16:56
        +2

        yeah because i think there's always dotted lines with multiple turn lanes that can turn right (or left) so you naturally can't cut across. i think worst case scenario is the dotted lines are so faded you can't see them, or its raining heavily and there are no reflective bumps either.

        there are no dotted lines at this intersection because the lady simply was not allowed to turn right. if she wanted to turn right she should have been behind the op and there never would have been any conflict.

  • Piranha2004 on 21/08/2019 - 15:49
    +4

    I think you will have a tough time arguing with their insurance company as to why you couldnt avoid that accident regardless of whether they did the wrong thing. You will have to do all the fighting unfortunately as you dont have comprehensive.

    • Hellfire on 21/08/2019 - 16:04
      +1

      Agree. The fact she was in front and already partially in the lane when you hit her means you've got an uphill battle to prove its 100% her fault.

    • John Kimble on 21/08/2019 - 16:05
      +5

      Which is shit, because if she didn't turn from the left lane, she wouldn't have been there to get hit in the first place.

      If insurance take her side, god help us all, because it might just reinforce her shitty driving/behaviour/attitude.

      • Euphemistic on 21/08/2019 - 17:28
        +1

        It might not be ideal JK, but if someone does something illegal in front of you and you have time to react but don’t, you should be at fault.

        • John Kimble on 21/08/2019 - 17:35

          Yes. I can see both sides to it.

    • destination on 21/08/2019 - 16:16

      Actually we both were with same insurance company.

      • HighAndDry on 21/08/2019 - 17:12

        That's…. hm.

        If she's making a claim for damage to her car, that'd mean she has comp insurance. So for the insurance company (facts aside):

        1. Her fault: They pay her (and you if you make a claim), they get her excess.

        2. Your fault: They pay her, they get your excess.

        3. Both at fault: They pay her, but they get her and your excess.

        I wonder if they'll conclude with (3) just because it means more money for them.

        • destination on 21/08/2019 - 17:16
          +1

          Hopefully it will be 1.

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

            @destination: Fingers crossed.

            • BewareOfThe Dog on 21/08/2019 - 21:00

              @HighAndDry: Generally, you give way to the car in front, to let them into your lane, though they were in the wrong. Australians don't like queue jumpers.

  • hashtagbargain on 21/08/2019 - 15:54
    +5

    Dashcam video unavailable?

    • John Kimble on 21/08/2019 - 16:01
      +2

      You snooze, you lose. haha

    • [Deactivated] on 21/08/2019 - 16:58
      +1

      Oh, you shoulda seen it, it was a doozy.

    • DarwinBoy on 21/08/2019 - 21:06
      +1

      All these accident posts without anything but a crappy ms paint diagram and the one time there is a dashcam footage its withheld.
      I'm going to have to stop looking at the posts…one day

  • [Deactivated] on 21/08/2019 - 17:16
    -1

    2 people that shouldnt be on the road

  • Yummy on 21/08/2019 - 18:18
    +3

    OP, I know this intersection very well.

    There are bunch of morons around this Auburn area (no offense for the locals lol) and often they turn right from left lane coz they cant wait the right lane queues. ALWAYS take extra care when turning right lanes here. I guarantee you will see at least once a day, morons cutting off people.

    • destination on 21/08/2019 - 18:22

      I am local in Auburn I know it very well as I travel this road everyday and everyday I see lots of cars doing that. I always try to avoid it but today it just happened.

      • Yummy on 21/08/2019 - 20:32
        +1

        Btw OP, forgot to mention from your pic, you can see markings: Left lane for LEFT only & right for RIGHT only, it is clearly visible. Although you did not check your left side (defensive driving mode), still you are doing nothing wrong & now safely to say you can easily blame the lady idiot. If her bro call you again, tell him to eff off & tell him to look at left lane marking. After that, you should not contact em any further. Send em letter of demand if no action taken. And don't say you "hit" her (like bmerigan said below), just said she ran/cut infront of you. Her car hit yours.

        PS: disregard your pic as it will not applied on the incident. Left lane clearly marked left only.

  • bmerigan on 21/08/2019 - 19:39
    +9

    You are saying you hit her car. You need to stop saying that. I feel you said it to your insurer as well.
    It is the other drivers fault. They caused the accident.
    You need to obtain the insurance info of her, and contact that insurer.

    • destination on 21/08/2019 - 19:50

      Yes you are right. We both are with same insurance company but she have comperhensive and I have 3rd party only. I was told by the insurance that becuase I have 3rd party only they need to make a claim, if they don't make a claim then they not going to do anything.

      • pulpfiction on 21/08/2019 - 21:17

        Well if you know the insurer send the other driver and the insurer a letter of demmand, accompanied by all relevant evidence and quotes. It sounds like they're being terrible people, so aim to work directly with the insurer. Be vary careful of your language.

        Here's some advice from Legal Aid Qld

        • Ughhh on 21/08/2019 - 21:28
          -1

          Note that the insurer will only act on behalf of their client (other driver as op only has 3rd party) at clients instructions. If the other driver does not want to make a claim and/or pay their excess, the insurer can't force them, thus op has to pursue the driver directly.
          One of the reasons why comprehensive cost more.

      • bmerigan on 21/08/2019 - 21:50

        Your insurance would cover a claim made by another driver that you caused.
        Since it is their fault, you contact their insurance to make a claim.
        And yes, might be the same insurer, you still need to word it differently.

      • Skramit on 22/08/2019 - 09:04
        -2

        Have you lodged a claim yet?

        • Skramit on 22/08/2019 - 15:46
          -1

          lol i get negs…

          Then OP posts this:

          @Herbse. 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.

  • mousie on 21/08/2019 - 20:14
    +2

    Send her insurance company two quotes for repairs, and also a quote for 14 days hire car. Get comprehensive insurance.

    You haven't done anything wrong.

  • fozzie on 21/08/2019 - 23:10

    A lot of good recommendations. What an idiot she’s at fault. She can scream as much as she likes. Just get the quote and send it to her. Then see if she pays or take the next steps.

  • drprox on 22/08/2019 - 07:31

    Everything appears covered here so my only advice is try not to mess with crazy. If you health is at risk and the damage is minor sometimes it's worth picking your battle!

  • HeWhoKnows on 22/08/2019 - 07:45
    -1

    The norm is to send her a Letter of Demand / claim for damages.

    Dont be surprised if the story changes and she says that OP changed lanes putting OP at fault!

    Happens all the time.

    Next time can we just have the short version…

    Involved in an accident where other party is at fault - how do I get compensated for damage to my car when the other party wont respond to my request

  • bohn on 22/08/2019 - 08:15

    How cheap is third party these days for ppl to choose it over comprehensive?
    My comprehensive policy is only $305.44.

    • drprox on 22/08/2019 - 08:44
      +5

      That is the cheapest comp policy I've heard of by a long shot.

    • Skramit on 22/08/2019 - 09:04
      +2

      Are you very old?

      • bohn on 22/08/2019 - 09:16

        no

        • Skramit on 22/08/2019 - 09:28
          +2

          Is your car a bomb?

          • bohn on 22/08/2019 - 10:04

            @Skramit: nah.
            when I had a brand new car a few years ago approx. 40k my comprehensive insurance was $410.
            I've since got a different car, not new, similar price range but with a different insurer and it's $305.44.
            I think it was originally $7 more but they've deducted $7 on the first policy renewal for 'safe driving' ;)

            • drprox on 22/08/2019 - 10:07
              +1

              @bohn: My turn to guess. Lives on the moon (or equally remote).

    • HeyHeyHeyIsItADeal on 22/08/2019 - 09:35

      third party for me is $750 and comprehensive is 1.3k ish. Under 25 but over 20 and no accidents ever. Car less than a decade old. Got my license when I was 16.

      Very expensive.

    • destination on 22/08/2019 - 10:33
      +1

      Are you sure that its just $305. Mine 3rd party is $540.

      • bohn on 22/08/2019 - 10:38

        I'm 100% positive it isn't $305.
        It's $305.44.

        • compugrid on 22/08/2019 - 11:02

          Who's it with?

          • bohn on 22/08/2019 - 12:11

            @compugrid: AAMI.

            • abb on 22/08/2019 - 16:11

              @bohn: That's a pretty good deal. My third party property insurance is $280 with AAMI.

              What city are you in? I have perfect driving record, boring car worth less than $5k, in Parramatta (West Sydney) area. I found the premium changed a lot when I moved house for unknown reasons.

              I just did a quote and they want $730 for comprehensive.

      • PissLUR on 22/08/2019 - 13:52
        +1

        its all the little details that ppl doesnt share fully.

        eg. having a $2,000 excess, etc

        • bohn on 22/08/2019 - 13:55

          Policy says standard excess $650.
          Not sure what else is included in your 'etc'.

          • PissLUR on 22/08/2019 - 13:59

            @bohn: did you add a Flexi-Premiums excess to the policy?

          • unco on 22/08/2019 - 16:04
            +2

            @bohn: What year make and model? Your posts are very vague.

            • unco on 23/08/2019 - 23:07

              @unco: No reply. Says it all.

  • geoffs87 on 22/08/2019 - 10:04

    Whats the best Dash Cam on the market… so many posts like this lately - i think i need a cam to record my innocence in case i'm ever in an accident!

    • profeeder55 on 22/08/2019 - 17:55

      Viofo A119S. Has been going on sale a few days back

  • nith265 on 22/08/2019 - 11:32

    Good that you took the video down – didn’t do you any good at all

    You’ll need to argue very strongly that you did everything possible to avoid hitting them (the video didn’t show this…).
    Tell them you braked hard but still hit them, they accelerated and tried to get in front of you, they were generally driving recklessly, there was nothing you could have done to avoid hitting them…

    In my opinion the if the insurance company saw they video it they would consider you at least 50% at fault (you’d need to pay 50% of their repairs and they’d pay for 50% of yours).

    Do not simply say "they broke the law so they're liable" it doesnt work that way. It’s relevant that they broke the law but it doesn’t mean you can then drive into them and not be held liable (unfortunately). Video showed you had clear sight of them at all times and could easily have avoided the accident.

    This page offers the best summary I can find, it’s from SA but these fundamentals of determining negligence are the same across Australia:
    https://lawhandbook.sa.gov.au/ch01s03s02s02.php

    Take note of and research these key terms:

    • Your duty of care to other drivers (even if they’re d$ckheads breaking the law)
    • Failure to keep a proper look out (from the video that’s you)
    • Contributory negligence (your claiming damages but contributed to them occurring)
    • [Deactivated] on 22/08/2019 - 14:11

      Put the video back up I never got to see it! But anyway it would be weird though for any accident to have one driver 100% at fault whilst the other party being 0%. It takes two to tango as the saying goes. I guest the important thing is hopefully the blame pendulum ends up being sub 50% in your favour…

      • unco on 22/08/2019 - 16:07

        But anyway it would be weird though for any accident to have one driver 100% at fault whilst the other party being 0%. It takes two to tango as the saying goes.

        What about stopping in traffic and someone runs up the back of you because they're tapping away on their phone?

        Or coming back to your parked car to find someone reversed in to you?

        • [Deactivated] on 23/08/2019 - 10:26

          I think the only way to have absolutely 0 guilt would be not to drive a car on the road in the first place. Leave it in the garage and walk to where you want to go instead :)

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