Help! Recently involved in Car Crash both uninsured

Hi Ozbargain,

First time poster but really desperate for advice!

My girlfriend was recently involved in a car accident and we really need advice

Here is the summary:
- My girlfriend drives a Toyota Yaris, who unfortunately forgot to renew her insurance (rookie mistake i know..)
- The other driver, who drove a Toyota Camry, also doesn't have insurance
- The incident happened right in front of my girlfriend's apartment block, where she was trying to pull into the driveway from the other side of the road and the other driver was parked on the side of the road on the apartment block side (1st street park perpendicular to the driveway)
- So the girlfriend indicates to turn in, she brakes and checks that there are no cars coming from the other way. She turns in and the other drive that is parked also decides to pull out of the park (without indicating) and drive onto the road and ultimately hits her
- the damage to her car is quite major, the side of her front bumper is all messed up and I'm pretty sure there damage to her front left wheel. The other driver's car has a small scratch and a broken left head light.

Let me know your opinion in this circumstance and what should be my girlfriends next move and who is at fault. We're both not too sure who's at fault. She understands that she was very stupid for not making sure that her insurance wasn't within date. I also understand that both being uninsured, everyone involved is essentially screwed but the other driver is trying to push all fault onto my girlfriend and trying to get her to pay for his damages. Kinda feel like he's trying to bully her?

Attached are some diagrams
Exhibit A https://imgur.com/gallery/ULS6Kvw
Exhibit B https://imgur.com/gallery/PtQYxdo
The damage on both cars https://imgur.com/gallery/0eoVbLe
Anyways thanks for you time :)

Poll Options

  • 157
    My girlfriend is at fault
  • 100
    The other drive is at fault
  • 24
    Both at fault

Comments

  • +19

    Member Since
    09/03/2014

    should know a diagram is needed

    • +5

      Oh sorry my bad I shall try include one thanks :)

      • +52

        Thanks, the diagrams really help.

        I'm baffled why so many people think your GF is at fault, but I suppose that's what polls are for. Not sure which state you're in, but FYI in Victoria, I believe your GF in a turning vehicle had right of way over a vehicle that was entering the traffic stream from a parked position. And here's why:

        "You must give way to all vehicles travelling on the road when you enter the traffic stream from a parked position, or through a break in a median strip."
        https://www.vicroads.vic.gov.au/safety-and-road-rules/road-r…

        • +2

          Excellent answer here ^, I can't add anything but a thumbs up and a positive comment.

          • +3

            @bmerigan: As blimpyboy and others said, the Toyota Camry is at-fault.

            Why?
            He is parked, and entering traffic. He has to give-way to ALL traffic, and signal for a reasonable amount of period. The turning vehicle does not have to give an extended signal, and is only liable to wait for vehicles that are already in-traffic and are affecting its direction. Sure there is no "right of way", but there is the case of liability. You are liable to NOT hit a stationary car/object, and you are liable to NOT hit traffic when entering from a parked position.

            But I think the blame is split 60/40. Here's why:
            The OP lied to us here on OzBargain. It is not possible for the parked car to have damage to its front-left bumper. So either he wasn't parked, and was driving straight, and swerved right to avoid collision (in which case the Corolla would be 100% at-fault). Or the more likely scenario is that the Camry was parked, but they were trying to do a U-Turn (as stated by oscargamer). There is no need for the Camry to do a sharp-right turn, for it to be able to have its left-bumper exposed for the Corolla, unless of course, it wanted to do a U-Turn from a parking position.

            Regardless, its a stupid mess. The GF could have had a dash cam or insurance, or both!
            It helps sort stupid quarrels, such as this recent one. And yes, there are plenty of morons on the road. The Camry driver is definitely a moron, and probably at most fault, unless none of what the OP wrote was factual.

        • +5

          The turning vehicle also needs to give way (there is no “right of way”). We cannot tell who moved first, only going on what the OP told us, and they have a vested interest. We have a situation where both vehicles had some responsibility to give way yet both failed to do so.

          Based on no scientific evidence I suspect you are correct that the parked vehicle did not give way properly. They were most likely looking over shoulder or in the mirror and did not look forward and see the turning vehicle before moving off. The position of the damage also indicates that the turning vehicle was well across the road before the impact occurred.

  • -5

    Take it to a no win no pay solicitor and see what they say.

    It will probably be 50/50 but maybe lean towards your gf being at fault because she crossed into the path of the other driver and it's only heresay that they didn't indicate.

    • -2

      If it hinges on indication, the GF is most definitely going to be at fault based on location of the cars. The other car is already on the road. GF was making a turn.

      • +11

        The other car is already on the road.

        If they were parked (when gf started the turn), they were not on the road.
        When they start moving, they are entering traffic, and they need to make sure it's safe to do so.
        You can't give way to a parked car, and there's no expectation to even be aware of them.

        Gfs responsibility when making a turn is to be aware of oncoming traffic that would be affected. Other drivers responsibility when pulling out should be to all traffic.

        What can be proven is a different story, but the impact on the Camry could suggest that they were at an angle, still entering the lane.

        • What can be proven is a different story,

          Precisely.

          but the impact on the Camry could suggest that they were at an angle, still entering the lane.

          Because the GF was still mid turn. The damage would be indiscernible if the Camry was travelling straight.

          • @[Deactivated]:

            The damage would be indiscernible if the Camry was travelling straight.

            True, on second look it's not as unusual as I first thought. Someone was at an angle

            • @crentist: The damage on the side of the GF's car goes from the front bumper, past the wheel arch and towards the passenger door. There's a dent there just before the passenger door that would've taken a bit of force.

              Since the only damage on the Camry is the front passenger corner, it's safe to say that it's that corner that came in contact with the GF's car and caused that damage.

              The GF would have to be quite far off from being perpendicular to the road for the Camry to be able to cause that damage if the Camry was travelling straight on the road. So if the GF was turning right in the same way everyone else does, the Camry had to have been moving forward at a pulling-out type angle.

              Correct me if my logic is screwed. It's been a long day!

              • @bobbified: If I were defending the Camry, I'd argue that at imminent impact, the Camry swerved to avoid OPs GF and thus the damage makes sense.

                • @imurgod: I know what you're saying and people do try and say whatever they can to get out responsibility. Had to deal with a lot of this shit as a claims assessor before. The initial statement made is usually the one that counts because they haven't had time to concoct a new story. But in this case, there's no cops and no insurance claims so……

    • Would be easier going to a community legal centre or legal aid imo.

  • +41

    It doesn't matter who is at fault, its just a huge mess of who wants to take it further and have to prove the facts.

    Both parties can easily afford to fix their car since they have saved on insurance for so long.

    • Why bother getting it fixed…? Save more money!
      Road-worthiness is overrated.

  • +4

    Please search "Accident with no insurance" in the search field as there are unfortunately plenty of people in your situation and advice there
    Cheers :P

    • Sorry… Just a real amateur when it comes to stuff like this

      • +10

        It looks like your GF made it more than halfway across the oncoming lane before the other driver pulled out.
        If she was only just starting her turn, there would be damage to her LHS & his RHS.
        The only time his LHS is the leading edge of his vehicle is when he's turning right to get into traffic, meaning her car is 2/3rds across the road and the rear of his is still against or within half a metre of the curb.
        The insurance companies care where on the body any two vehicles impact, as it's the indicator as to who was in the right.

        If I have the road position of where the impact happened roughly correct, the other driver needed to give way to his right.
        He went from stationary to immediately driving into the side of a vehicle which was well past the middle of its turn. In fact, I'm guessing your GF's car was almost perpendicular to the curb he was parked against.

        Your GF would be in the wrong only if he was already in the middle of the road and moving parallel to the curb, as the person who turns into moving traffic is always at fault.
        Since he's can't possibly be, given the point of impact on the front LHS of his vehicle, your GF is in no way at fault.

        I doubt very much your insurance company - if she'd paid it - would accept liability in this instance. At the very most they might agree to a 80/20 split, to acknowledge the slight un-straightforwardness of it.
        No way they'd even accept an EBO (Each bears own) and to get it sorted quickly.

        • +3

          This description is exactly what I was thinking. The Camry still had to be pulling away from the kerb for the damage to be on its LHS.

  • +4

    If she doesn't have a dashcam or witnesses then the fact the person didn't indicate can't be proven.
    This will fall down to she didn't give way to those already travelling on that side of the road :(

  • +3
    • My girlfriend drives a Toyota Yaris, who unfortunately forgot to renew her insurance (rookie mistake i know..)
    • The other driver, who drove a Toyota Camry, also doesn't have insurance

    Well shit happens, you're both on your own really for repairs as none of you don't have insurance and well who is at fault is about 60/40, but it would seem the camry more so.

  • Looking at your diagrams I would say your girlfriend is at fault as far as the road rules are concerned. At the end of the day she should be giving way to all oncoming traffic. Obviously the other driver should have been paying more attention before pulling out (if your account of events is accurate), but I’m fairly sure the law sides with them.

  • +15

    Entering the traffic stream.
    You must give way to all vehicles travelling on the road when you enter the traffic stream from a parked position, or through a break in a median strip.

    • +10

      And you are required to indicate for at least 5 seconds before pulling out from a parked spot.

  • +18

    Mostly your gf fault.

    How did both 'front lefts' hit each other ? Was the other car actually starting a U turn and was looking backwards?

    • +6

      This is what I was wondering, how is the damage pictured even possible from the description?

    • +1

      Came here for this… suss AF. Both passenger sides have damage is weird?

  • -4

    Concede Damages and get Insurance

    • +3

      Rule #1: Never concede anything.
      Rule #2: Let the insurance providers fight it out.

      In this case, since there is no insurance which ever party wants to make a claim will have to file a court case.

  • +7

    Both at fault. Each pay for their own damages. Done.

    • The 'bully' knows where they live now Eek!

  • +1

    Your girlfriend is at fault.

    If she wants to be an ass then she could (and should) deny all liability and make the Camry driver chase for compensation but do you really want to be "that person"?

    You both deserve what you get for being uninsured

    • +3

      If she wants to be an ass then she could (and should) deny all liability and make the Camry driver chase for compensation but do you really want to be "that person"?

      Why should she concede liability? Is there dash cam footage that proves beyond a shadow of doubt that she was 100% at fault?

    • +3

      Vehicles in traffic always have right of way over vehicles entering traffic.
      Also, GF has almost completed her turn when impact occurs. If you drive into the side of a vehicle that's almost completed its turn, you didn't have right of way & are at fault.

      Think about what angle the second vehicle needs to be at, relative to the curb, for the front LHS to be exposed to oncoming traffic.

      GF should deny liability and file a claim because she's not at fault.

  • -1

    Please upload dashcam footage so I can give an opinion.

    So the girlfriend indicates to turn in, she breaks

    What did your gf break? This could be critical to my final decision.

    The other driver's car has a small scratch

    Umm. No it doesn't. Take another look.

    • +2

      What did your gf break?

      When she saw the other car a microsecond before the collision I reckon she broke wind - or worse.

      • She breaked the other car's left headlight.

  • GF is at fault.

    • +1

      Seriously, why?

      GF is stupid for not having insurance, but if the other car commenced driving from a parked position, shouldn't they give way (at least in Victoria)?

      You must give way to all vehicles travelling on the road when you enter the traffic stream from a parked position, or through a break in a median strip.
      https://www.vicroads.vic.gov.au/safety-and-road-rules/road-r…

  • +1

    Does your gf or the other driver have third party property damage insurance? That will at least cover the person with the insurance, who's not at fault, up to $5,000 (or a similar amount depending on the insurer).

    Technically speaking, your gf is at fault, but if an insurance company had to determine liability (which neither of you have cover), they'll likely pull out the contributory negligence card on the other driver. From the damage to the other vehicle (front left passenger corner), it looks like the collision occurred before he was even able to straighten out after pulling out.

    If i had to guess, I'd say that the other driver pulled out while looking at the side or rear view mirror to make sure there was no traffic coming from behind instead of looking ahead.

  • If no mechanical failure and repair is done by cash service, your GF better be ready to pony up at least ~$2K-4K to repair the lot. If someone initiates insurance then it will be $8k-9k.

    And this doesn't even begin add in what happens when no one agrees and it goes through the court with you losing. Court fees, legal fees, compensation to other party daily court appearance expense, car rental…

    That's why you should never drive without insurance.

    • There's no chance that damage is $2K - $4K unless you're talking about each car.

  • +5

    If you do settle with the other party make sure you read this https://mva.financialrights.org.au/factsheet/uninsured/ you need to make sure you have written evidence that the amount you have paid settles the matter finally. Otherwise you will be hit up again potentially (and again) by additional claims from the other driver.

  • Does your girlfriend have any assets or on a good salary/wage?

    If no, it's not even worth the other party chasing her.

  • +9

    Insurance companies have a grace period on car renewal insurance. How long ago did it expire? If its recently she should call up her insurance.

    • legend!

    • This is largely misunderstood. They don't have a grace period as such.

      This would be a claim for consideration and they'll take into account her tenure, how much business she has with them, etc.

      She will need to prove that she intended to pay the premium and you'd want it to be a very reputable insurer (i.e. not NRMA, Youi, Budget, etc.).

      They are within their rights to deny the claim due to unpaid premium.

      • If you were a bit less than honest and the premium was a few days overdue paying the premium promptly and then ‘a few days later’ the incident ‘occurred’ might work. it’s not going to work if the policy lapsed months ago.

        • +3

          You could, but that is fraud. The ramifications can be long lasting.

        • +2

          That's all well and good until an insurer asks the other party for their version of events, finds out that its insured driver has lied..

          If you get booted by your insurer for attempted fraud, breach of those disclosure questions etc, then you're considered a high risk by any other insurer or bank who comes across you at a later date. That has very significant ramifications.

  • +1

    I've had a crash cam for many years now. Before moving off I check it's working same as putting on seat belt and checking mirrors.
    I can't understand why more people don't install them. It's indisputable proof in an accident these days and if someone is trying to lay the blame on you for an accident you didn't cause….. that should be reason enough to buy one.

  • LOL

  • -1

    Most people don't realize the risk/reward is way in favor of the insurers and pay it religiously even though its negative EV .
    Anyway try to negotiate a reasonable solution versus if it gets escalated legally you are going to potentially lose multiple times the cost of fixing the other vehicle .

    • +2

      Insurance is about spreading risk, not EV.

      Yes, the chances of you accidentally being at fault of writing off a Bentley are very low, but if you did, the liability would likely cause a heavy burden. It doesn’t matter how good of a driver you are, there are plenty of ways to be found technically at fault or have no recourse to recoup damages to your vehicle.

      • Exactly. It's simply a decision of how much risk are you willing to keep or transfer from your balance sheet.
        Insurance companies are a business like any other. Businesses are there to make a profit.

  • +1

    You're Gf is at fault and will be responsible for damage on both cars. Just be thankful its a camry and not a bmw you hit.

  • -2

    Unfortunately your girlfriend is at fault. The other car was already on the road and had the right of way parked, stopped or moving.

    I'd describe this situation as creeping up to turn right at the lights without a green arrow. You're allowed to turn if the intersection is clear. In this case, the intersection wasn't clear. The oncomming traffic could of stopped and moved off randomly and still be in the right.

    • +1

      Incorrect, a parked car must give way to all traffic.
      The Camry is at fault
      If the insurance was overdue by a few days some companies have a grace period. Check with her insurer

      Good luck getting anything from an uninsured driver, maybe empty promises.

  • +1

    Should have used her brakes instead of her breaks.

    • depends on her bac reading

  • -4

    STOP what you are doing and report to police.
    1: You have attempted to do the right thing by reporting.
    2: Your version of events are now recorded.
    3: If need be, this is essentially your Stat Dec.

    The parked vehicle should have indicated their intention. I would say they even saw you GF but decided to beat her b4 she moved.

    BUT this is going to be hard to prove. Looks as though you both have to pay for own damage, or fight your case (with the Police Statement) in Court.

    • +2

      I would say they even saw you GF but decided to beat her b4 she moved.

      You want the GF to give a stat dec of someone else's intentions to justify her version of events.

      That's some of the most F'ed up use of a stat dec/police report.

      • No he said this post is her stat dec and record of events

    • +1

      What's the point of contacting the police? Isn't this is a civil matter?

  • +1

    How far past the insurance renewal is she? Some companies offer a grace period, so if it was only recent you can check with them to see if you can have the cover reinstated.

    • This. Often it’s 30 days. If you pay within you may still be able to get insurance covered. If not within 30 days then your girlfriend didn’t forget. But was ignorant and should have done her due diligence. Payment as per at fault party.

  • +3

    I reckon the Camry is at fault. Who just pulls away from a park position without checking for hazards. She would have had to turn right across their path - why couldn't they stop if they were hardly moving? Voting posts are not always reliable here due to all the sheeple on this site that don't even try to think for themselves before getting behind the majority vote/neg post. Same people buying up all the TP no doubt.

  • +7

    I agree, it sounds as if the Camry is at fault. A car parked on the side of the road must give way to all traffic currently on the road, prior to leaving the kerb.

    • +4

      Girlfriends side of the story will be different from Camry side of the story though.

  • -1

    The other driver has right of way. Regardless if he was just taking off or not.

    I honestly don't know how people drive without insurance. I rented a car once for a day and they asked if I wanted the extra insurance (basic excess drops from 4k to a few hundred). I said nah I'll be right. Drove for 5 minutes before stressing out about everything around me before I turned around and told them to add it on.

    • +1

      You can get this via 3rd party and it is far-far cheaper than through the rental company. (where in some circumstances it can cost more than the actual rental lol)

  • +1

    Other driver at fault, but I doubt you'll have much luck in a 'he-said, she-said' scenario. I'd be hoping it's within an insurance grace period.

  • +3

    Don’t worry about the votes. Most people here just hate other ozbargainers with no insurance.
    I say fix your girlfriend’s car yourselves and let the other driver file a case against you if they wish. And get her car insurance and a dash cam on her birthday or anniversary or whatever. She’s gonna need them in the future.

  • -1

    Just send a letter of demand to them with your bill with a photo of their car stating that in order for there to be damage on the front left of their car they failed to give way. If the damage was on the front or right hand side of their car then it would have been you failing to give way.

    Send it and see!

  • +1

    get rid of the girlfriend OP!!

  • +2

    I am shocked (maybe not shocked) so many people think it was the girlfriend's fault. Stop blaming your girlfriend when something goes wrong!

  • If I have the accident description correct, your GF is at fault give she has crossed the path of the other driver.

    The argument could be made that the other party was leaving a parked position, but it's not a strong position because she was driving across the road and the best outcome you could possibly hope for is Each Bear Own Costs, but I can't see how they can't easily hold your GF responsible (especially if the other party lies).

    Both of you are uninsured, so I would expect that you simply both repair your own cars (or not).

    This is not one worth pursuing for your girlfriend (i.e. don't send any demands), as she will likely be found at fault, so you'd want to hope that the other driver (who was dumb enough to drive uninsured anyway) isn't smart enough to go and get advice and subsequently pursue your GF. If you send demands, they may go and see a solicitor and they will know it;s an easy win for them.

  • +1

    Deadset, extended third party insurance should be compulsory.

    • I can imagine, while this is probably a good idea in theory, the premiums would likely go up significantly.

  • whether you have insurance or not it still worth spending money on a dashcam for times like this. otherwise its basically their words vs yours

  • He said/She said.

    How did your girlfriend know he didn't indicate unless she was looking at the Camry? In which case, she would have seen it moving into her planned path and should not have proceeded.

    Your girlfriend says he was moving out of a parking spot. Has the Camry driver confirmed this? He may say he was actually on the road and simply driving in the opposite direction (so would not have to indicate or give way) and took evasive action (by swerving right) to avoid an accident when he saw your girlfriend cross over his path, thus exposing his front left corner.

    Your girlfriend claims she had her indicator on - he may disagree. If one is independent, who do you believe?

    Share the responsibility and move on. Pay insurance premiums on direct debit so it isn't overlooked in the future.

  • 50/50 split fault. It is irrelevant the other driver allegedly didn’t indicate.

    Both your gf and the other party pay to fix their own cars.

  • The other party is a retard, but ultimately your gf fault, unless you can perhaps prove she turned first before he set off, but I guess no dashcam. He could have literally waited for someone to turn into the driveway then set off and rammed them, to get a new car.
    Can do the same in a carpark. Let someone reverse out, then as they are reversing… Ram them…. Automatically their fault.

  • -1

    Other drivers fault, failing to indicate and giving way to cars already in the road.

    But good luck without insurance.

    Buy insurance.

    Both cars can't be worth much in the first place, are either cars worth over $2k?

  • -1

    It's complicated and I feel sad when I see people driving without insurance and then having to pay more than the insurance premium for repairs. Having said that, I think both drivers lacked attention but the other one seems to be at fault according to the VIC traffic laws that were already mentioned.

  • I can’t believe people don’t understand this basic rule

    ** Giving way from a parked position**
    You must give way to all other vehicles and signal for at least 5 seconds when you drive on to the road from a parked position on the side of the road or in a median strip

    OP could had googled it or read the drivers hand book rather than getting incorrect opinions from ozadvice

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