Need Advice after a MVA (Not My Fault)

Was traveling in the right-hand lane, just taken off from a set of lights in a 50 zone, built-up, heart of town. Known bad spot comes up which stupidly allows a right hand turn into a Westpac which shouldn't exist. Would like to sue the council for allowing it! This right turn is in a congested area and DIRECTLY alongside a busy bus stop. Am ready to brake.

Guy in front of me brakes suddenly for the idiot in front of him and stops, as do I. I do what I always do there & check my rear-view— and see, then hear, the moron slam the car behind me, who crashes good and hard into me & shoves my 2005 Camry (my baby!) into the truck in front. I'm totaled and neck/back immediately hurts. Luckily, a doctor sees it all and assesses me and calls the ambo. Meanwhile, the guy who rammed everyone is outside apologizing. Yeah, thanks for that. I'm a sole trader and my car is my livelihood. Wth were you looking at???

Today, I'm sore & stiff with lots of bruising, looking for a replacement car. Insurance is only going to pay $3700.

Questions:

I lodged a claim with my insurer giving details of MVA & other drivers. I called the place who towed my car to arrange to go to get my belongings tomorrow with a friend (Camry was our family's only vehicle). Is there anything else I need to do?

I had a Bluetooth radio installed for work purposes— is this something normally covered by insurance, or since it's 3rd party installed, a write-off? Or, is it covered by the guilty party's insurance?

Is any of my lost income covered? I lost work since yesterday and will do until I'm able to drive again.

Is there anything I should report/lodge now in the event of future pain due to this accident? Right now, my lower back is entirely seized even though the CT/Xray didn't show anything substantial.

I rang the police as soon as I could get my wits about me & so did my son— who I rang after. They refused to attend a four car pile up on the same road as the police station!

I've found a 2008 Chrysler Sebring w/200k, 1yr warranty, in good shape for under $4000. Is this a good car and price?

Thanks if you read it all and sorry if it's a lot to read. I'm just devastated. PS: I was on my way to drop a donation to our local op-shop & fill my daughter's script for pain killers as she'd just had 4 impacted wisdom teeth extracted the day before.

WTH is the moral to that story?

:(

Comments

  • +4

    WTH is the moral to that story?

    Sh!t happens.

    • More like "people driving automobiles don't watch WTH they're doing and then run around apologizing after creating a horror-show." F-sake…your insurance is NOT enough.

      • Mate, you should put a prayer in to thank whichever God you believe in that they had insurance and were game enough to accept responsibility.
        Imagine yourself in a situation where they did not have any insurance and claimed they weren't at fault.
        Where's the dashcam footage to prove guilt and how would you extract something from a complete work of art?

  • +2

    WTH is the moral to that story?

    It is a cautionary tale at best. No morals here.

    The caution?

    Comprehensive insurance, agreed value.

    Allow larger stopping distance.

    Avoid high risk roads.

    Is any of my lost income covered?

    If you have income protection, yes.

    I had a Bluetooth radio installed for work purposes— is this something normally covered by insurance

    If you have contents insurance, yes.

    • agreed value

      .. to maximum specified by insurer. In your experience does this make a big difference?

      • I my experience I've always found the agreed value to be somewhat higher than market value. That said, you're not suddenly getting a financial windfall out of this.

        To use the example here, a 2005 Camry is not suddenly worth $20k. You might get something like $5k (on the assumption the "market value" is the $3.7k quoted here), but that's going to be about it.

        • Yep, that's my experience, at most a couple k's difference. Premium cost also higher that people don't take into account.

  • +1

    Your Insurance will pay you out soon don't stress.
    Why change from a Camry? I would be looking for the same car mate should be able to get a better one .
    You were injured the police should have came so there is something wrong here they didn't get the call about an injury.

    WTH is the moral to that story?
    It's called an accident these things happen

  • +5

    Okay, you were injured, so do this stuff, https://www.sira.nsw.gov.au/resources-library/motor-accident…

    It is amazing how back and neck injuries can come back years later, so make sure you get a claim in.

    • +2

      A good course of action, except it appears that OP is in WA not NSW.
      I'm sure WA has similar coverage.

  • It's a Motor Vehicle Accident. These things happen. There's really no point getting worked up about it after the fact.

    I lodged a claim with my insurer giving details of MVA & other drivers.

    I think you've only put questions here so that your post doesn't just sound like a rant (although it still does!).

    But just in case you really do want the answers to those questions… you've already lodged a claim so should really be asking your insurer. They will give you more definitive answers applicable to the policy you hold.

    BTW, good to hear you're one of the few people here who actually has insurance!

    • It's a Motor Vehicle Accident. These things happen.

      Sorry, but I work in the field of road crashes and see the number of lives lost and injured all the time, so I have to speak up.

      Saying “these things happen” just means it’s ok when it does. It’s not ok. How many lives is ok? What if this was your friend or family member who is now injured? Or if the driver behind had a bigger car and caused lifelong trauma or killed OP?

      Why don’t you go tell the parents who lost three kids last week that “these things happen”.

      When people see a “small” crash as nothing, the chance of worse crashes occurring is higher because more risks are taken or less care is involved when driving.

      We should be working as a society to reduce the instance of crashes on our road and your comment and attitude is not acceptable.

      • +1

        Saying “these things happen” just means it’s ok when it does.

        Saying "it happens" doesn't mean it's okay. It's just reality that there will always be accidents. Turning a blind eye to it doesn't mean happen.

        We should be working as a society to reduce the instance of crashes on our road and your comment and attitude is not acceptable.

        You sound like the sheep that the government likes to appeal to with their "towards zero" campaigns. With the millions of cars on the road, the road toll will never be zero. As long as there are cars controlled by humans, there'll be deaths.

        • I agree with jjjaar.

          We should be working as a society to reduce the instance of crashes on our road and your comment and attitude is not acceptable.

          If we analyse all collisions (emergency workers have stopped calling them accidents btw) you will find that most of them are avoidable. The only ones truly unavoidable involve failure of the vehicle. Even then, failure arising from misuse (and unmaintained) vehicles cut this number down further.

          We shouldn't accept shit drivers as a reality on the roads, even if the government is unwilling to do anything about it.

          In any case autonomous cars are coming and I would be surprised if they don't quickly become the norm within the next few decades.

  • -2

    One option is to talk to a personal injury lawyer - often you will find some who do "no win-no fee" (noting if they do win/settle there are fees deducted - hopefully the other party is insured). You should be seeking medical help and not just moping around either - get all medical visits and assessments documented for your claim. Go to a GP or if it's realy bad go to ER.

    If your bluetooth radio is important and portable, go and get it from the wreck.

    If your insurance covers it - get a rental car (although if it is written off - they usually cut you lose at that point). You could risk hiring one and try to claim it from the other insurance. Longer term rentals are usually cheaper than daily.

  • +4

    I've found a 2008 Chrysler Sebring w/200k, 1yr warranty, in good shape for under $4000. Is this a good car and price?

    Great car if you work for Dunder Mifflin.

    • +2

      Just got a reply from a knowledgeable friend who said to steer-clear of it due to price of parts. Damn. I need something good asap.

      "I think you've only put questions here so that your post doesn't just sound like a rant (although it still does!)."

      I did speak with a sales dept of my insurer today after I woke up. Had morphine to sleep overnight, so was late to the game. That fellow wasn't a part of the claims area and said due to the fires/floods I might be on the line waiting for over an hour (and I just needed to lie down). Will ring again tomorrow. I was lucky my son's friend was home and could pick him up to come to the scene, otherwise I would have NO idea who was even at the accident as NO police ever attended. That's not a rant, it's sheer disbelief.

      Thanks, Adoshouse, for the link.

      I'd like another Camry— but not seeing anything I can afford. I got a good deal on the one decimated by the terminator driver.

      Thanks to the helpful replies,

      Appreciated

      • +3

        Why is your insurance only paying out $3700?

        Did you have a low agreed value or was it market value?

        if market value go find comparable Camrys (age, kms and condition) listed for sale, send the details to your insurer and tell them you want a higher pay out so that you can actually replace the car like for like.

        Personally I wouldn't go near any Chrysler. Look for Jap or Korean at that price range. Hell, even a tidy BA/BF Falcon or VY Commodore would be a better buy than a Chrysler.

        • $3700 was agreed value. I've been looking for my policy, but we only moved about 3.5 weeks ago and everything is in boxes throughout the house. We've just had tradesmen in so everything we had started to sort got shifted again and we spend our days on a scavenger-hunt for everything.

          I also thought that my agreed value shouldn't be the payout if I'm not at fault. Again, the insurance woman I spoke with said I had to wait until it's deemed totaled before I'll get any specifics.

          Thanks for your reply.

      • +3

        Damn. I need something good asap.

        Then not a Chrysler. Be a little bit patient and find a Camry again unless you can deal with something a little smaller like a corolla, Mazda 3 or i30.

    • OP must be paper salesman.

  • +1

    otherwise I would have NO idea who was even at the accident as NO police ever attended.

    Yeah, you've ranted about this twice.

    Police will not always attend the scene of an accident. They have guidelines about when they will and will not attend. The police are likely to attend the scene of an accident where:

    someone is trapped, killed or injured
    drivers have not exchanged details
    a driver appears to be affected by drugs or alcohol
    police need to direct traffic or deal with hazards, or
    a bus or truck needs to be towed.

    https://www.lawaccess.nsw.gov.au/Pages/representing/lawassis…

    What do you actually expect the police to do if they attended your accident? It's a civil matter. You're fine. You swapped details. Your insurance will take care of it.

    The rest of your questions are excellent questions. For your insurer.

    • I understand. I rang from my vehicle to report it. I told the person on the phone that I could not see if there were injuries or fuel leaking/chance of fire as both ends of my car were smashed. At that point, no one had exchanged their details with me and I didn't know if anyone was injured. They decided, without evidence, to assume a four car pile-up was not serious enough to attend, even though there very well could have been a serious issue. That, is what I find ridiculous, not that they don't attend every acident.

    • Dude you even posted it the guy was injured

      • Someone seeking a 'pain and suffering' insurance payout from a faux injury which didn't show up on any scans isn't legitimately "injured".

    • OP was taken in an ambulance, but it doesn't sound like OP said that to the police.

  • Rant aside, and I'd also feel like ranting if I'd beem rear ended and was in pain tbh, even if I'd know objectively it'd serve no purpose, the following in no specific order:

    1. Your insurer,

    2. Dr to get copy of all reports of pain/change in function/mobility,

    3. Personal injury lawyer just for a consult and a letter to the other driver's insurance, not necessarily a lawsuit,

    Tell/ask your insurer about going to your own lawyer though and vice versa.

  • -2

    Nice. Straight on the "my neck and back" freight train.

    Moral of the story;

    Shit happens, inattentive arseholes drive cars, Police don't attend civil disputes unless serious laws are broken. Be glad you have insurance.

    And I love the added, but totally irrelevant, heart string tugger in the form of "I was on my way to the op-shop with a donation", like it makes what you were doing more important in a vain attempt to denigrate the other driver further.

    And please, buy the 200k+ Sebring.

  • If you're on morphine for pain, I don't think you'll be going back to work immediately, so I'd hold off on buying the first random car you find.

  • Update: finally got to speak with insurer and they're not very helpful. Said I have to wait for the car to be deemed totaled before they can address specifics. I've borrowed a friend's car to go and get what was in mine. One thing I wanted to know was if my aftermarket BT radio was covered and she didn't know that— said I had to wait for the above. I doubt it would be worth hiring someone to take it out. I just didn't want a working unit to be demolished, and for all I know, the next vehicle might already have one.

    Thanks for the opinions on the Chrysler. I got in touch with a mechanic I know & he said the same. I'll just have to keep looking. My 2005 Camry was in such good condition as I took really good care of it and never realized how clean the inside until comparing to what I've been looking at now.

    Again, thanks for the helpful replies. Very appreciated.

  • With respect to the aftermarket headunit, it depends if it was declared on your insurance or not. If you declared it, then the payout will factor that in and there's nothing more you can do. If you didn't declare it, you could probably rip it out and put in your next car, but considering how cheap a basic headunit is, it's not something I would really spend much time dwelling over.

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