Minor Accident Where at Fault Driver Has Dashcam

expatOz on 29/02/2020 - 14:29
Last edited 29/02/2020 - 14:33

Wife just had a minor accident where the other driver was clearly at fault. At the signal, he was waiting in the right only lane, but on green he merged on to the left (our lane) causing the accident.

We took the photos and videos but unfortunately we don't have the dash cam and he did. However, he was really uncooperative, pretended to not speak english, didn't want to provide ID or phone number so I'm pretty sure he wouldn't provide the dash cam footage as well.

We do have comprehensive insurance but my excess is high $2000. Just wondering what are our options in case the driver refuses to provide dashcam footage? Should we still contact our insurance company and let them deal with the other driver?

Thanks

Automotive

Comments

  • kahn on 29/02/2020 - 14:35
    +40

    Thank you for reporting your accident to the Ozbargain community. As per our terms and conditions, you must report here before contacting police or your insurance provider. Your report must also include an MS Paint drawing to help assist you with resolving the matter. Please hold while our community experts grab their popcorn.

    • sidesw1pe on 29/02/2020 - 20:34

      Hehe I used an MS Paint drawing when I had my first and only touch wood accident.

      • kahn on 29/02/2020 - 20:37
        +2

        Splinters?

  • Seraphin7 on 29/02/2020 - 14:49
    +7

    Just wondering what are our options in case the driver refuses to provide dashcam footage?

    Very few. Only the po po can compel someone to release dashcam footage.

    Should we still contact our insurance company and let them deal with the other driver?

    Yes. Why wouldn't you?

  • RockyRaccoon on 29/02/2020 - 14:57
    +6

    I was in same situation a few days ago, the other driver wanted my dashcam footage.

    Darn it buddy, the memory card was faulty 😎- Dark excrement happens!!

    That aside, if he refused to give you his details thats an offence, you should have called the cops then and there.

    FYI (NSW but Vic would probably be the same)

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

    • 82norm on 01/03/2020 - 07:58
      -5

      There is no offence him not handing over any camera footage.

  • 87percent on 29/02/2020 - 15:02
    +3

    $2000 excess?!

    • bobbified on 29/02/2020 - 15:19
      -1

      I've chosen a $2,000 excess amount too.. but it drops my annual premium by $1,000. The only time it would become a problem is if I have more than one non-recoverable incident.

      • Meho2026 on 29/02/2020 - 21:11
        +4

        Well thats not exactly true.
        If you have an accident with that kind of excess and post the details on ozbargain, then we are all going to have field day

        • bobbified on 29/02/2020 - 21:30
          -1

          I've been around long enough to know not to be that stupid! haha

          I understand how insurance works and I accept the risk. So if something does happen, I have no right to complain.

      • expatOz on 29/02/2020 - 22:03

        Yes, its a chosen excess to reduce premium.

  • WoodYouLikeSomeCash on 29/02/2020 - 15:09

    How much is the car worth?

  • Hithere on 29/02/2020 - 15:18

    Either OP is accident prone and has had a few claims in the past or to keep their annual premiums down they nominated a really high excess in case of an accident.

    Sometimes that option backfires though.

  • Bignudge on 29/02/2020 - 15:22
    -2

    Assuming that you've managed to get his details (phone number, full name and address), what I'd do is bluff to him that you've got dash cam footage or on scene CCTV and have given it to your insurance.

    It will be even better to get your insurance to bluff to him saying to the effect of how you have provided sufficient evidence for your claim and it's his choice to either agree or appeal it. (with serious consequences if caught misleading the claim).

    Goodluck out there, should of gotten a dashcam for back and front :P

  • [Deactivated] on 29/02/2020 - 15:40
    +11

    What is the point of having insurance if you're going vigilante?

  • MS Paint on 29/02/2020 - 16:04
    +5

    Pretty sure if a party to an accident is uncooperative then you can call the police.

    Personally I would have got a photo of the rego and taken a sneaky one of the driver. Advise insurance they were uncooperative and my police report number is….

    • kerfuffle on 29/02/2020 - 17:16
      +4

      Rego is literally one of the first photos I take. I would know, having been in four not at fault accidents.

  • CMH on 29/02/2020 - 18:34
    +1

    Have you since bought yourself a dashcam OP?

  • Arthur Dunger on 29/02/2020 - 20:12
    +4

    It's his dash camera so he can do what he wants with it.

  • H E B on 29/02/2020 - 20:13

    Why would he provide footage proving he's at fault? And who said there is actual footage (anymore)?

    If you don't contact your insurer about it is it because you think he will tell his insurer that it was all his fault and give them your contact details which was all exchanged at the scene of the accident?

  • [Deactivated] on 29/02/2020 - 23:58
    +4

    Call your insurance.

    If they can pin the fault on the other driver, you do not have to pay the excess.

    If they cannot, you pay $2,000.

    The dashcam is irrelevant as it is not yours.

  • backpaqer on 01/03/2020 - 08:02
    +1

    Simple, you provide your side of the story to insurance. If he wants to dispute it, he has dashcam evidence proving he wasn't at fault right? You got a photo of his dashcam I hope

  • OzHunterNSW on 01/03/2020 - 12:19

    Firstly, I would be looking for a better insurance deal.
    Who care whether they have dash cam or not - you have photos, and you reported it to police (didn't you?).
    You cause damage you pay to rectify.

  • Stuart-I on 06/03/2020 - 00:54
    +1

    Nice try 3zzy. You’ve been done my son.
    https://forums.whirlpool.net.au/thread/36pn1jq3

    TL;DR
    3zzy is completely at fault here. It was he (or his wife) who misread the road and jumped lanes.

    • CMH on 06/03/2020 - 06:13

      LOL.

      I have been following the WP thread and that thread did NOT make sense from the get-go. Hence I never participated in THAT thread.

      I mean, if you had a dashcam and willing to share a pic, why not the whole video ESPECIALLY the part where it exonerates you?

      On top of that, after everyone saying it was clearly the other guy at fault, OP keeps trying to steer the discussion into trying to defend the other guy? Most people just accept happily that they can claim on insurance and not worry about getting their excess back.

      My take: Screenshot was taken at point of impact, AFTER the other car has tried swerving to the right (slightly) to avoid the collision, which was unsuccessful. Positions of both cars would suggest white car had a clear view of red car, and only a blind man (or idiot) would try to merge from the right with that car there.

      Which means OP (or wife) in red car probably tried to go into the right lane from middle, did NOT do a proper headcheck and collided with the other car. And now trying to blame road markings.

      p.s. saved a copy of the photos posted on WP for posterity sake :P

  • Diggins on 10/03/2020 - 08:12

    give a detailed description of what happened
    and you'll have to let the insurance companies figure it out

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