Got Cut-off and Had to Take Evasive Action - Do I Have Any Recourse?

devpress on 07/09/2020 - 16:36
Last edited 07/09/2020 - 16:48

Yesterday as I was driving my boy home from a nice father's day out at the beach, a car suddenly cut-across into my lane at speed. I instinctively swerved to avoid a collision, but in the process ran my car into the gutter, slashed the sidewall of the front passenger tyre and flatted. I honked and high-beamed my light, but said careless driver drove-off while I limped to a stop by the side of the road.

Fortunately my son and everyone in the car is okay, but I am up for a new tyre and potentially wheel realignment costs.

I managed to get the plate, as well as dashcam footage — so was wondering what recourse I have in this situation?

My thought was to lodge a claim with my insurer, and handover the footage so the insurer can investigate / take action against the other driver. I assume given I have footage it is unlikely the insurer will come back and say they were unable to find the other driver, and thus I'm at fault by default.

I guess the other option is to report it to the police, as per the advice here

Have I missed something, is there a better way to go about this or am I resigned to sucking it up / letting it go?

Automotive

Comments

  • nocure on 07/09/2020 - 16:39
    +15

    Link to cam footage?

  • brendanm on 07/09/2020 - 17:00
    +13

    Unless they hit you, you are the one who punched it into a curb. You can claim through insurance, but you will have an at fault claim, excess, and likely higher premiums next renewal.

    • bobbified on 07/09/2020 - 17:17
      +15

      It's a bit strange - when I was a claims assessor (this is going back about 15-20 years ago), we used to determine that a driver was liable regardless of whether there was an impact or not with their vehicle. For example, if a car shot out of a side street and caused another car to take evasive action and, as a result, they hit a third car, we would determine that the car that came out from the side street was liable (if they could be identified). The police reports also attribute blamed on the same car.

      But over the years (after I left my role), I've seen quite a few stories where the insurer has held the driver taking evasive action liable for the damage. I'm not sure if they've changed the rules/laws around that kind of accident or if some insurance companies are just being lazy!

      • JimmyF on 07/09/2020 - 18:30
        +4

        Need video footage to see how 'close' this really was….. Did the OP need to change direction or just needed to brake.

        • DashCam AKA Rolts on 07/09/2020 - 21:41

          Agreed.

        • knk on 09/09/2020 - 09:55

          ms paint diagram too please

      • capslock janitor on 09/09/2020 - 12:23

        Is this same reason insurers ask about "not-at-fault" claims? seems stupid

        • bobbified on 09/09/2020 - 19:38

          Is this same reason insurers ask…

          Same as which reason?

    • [Deactivated] on 07/09/2020 - 19:06
      +2

      I believe those rules are made so that clear determination can be made in an age of eye witness/involved parties' reports.

      Now we have dashcams and on occasion, can make a clear determination in the absence of a collision.

      I'd like to see the footage.

    • Nebargains on 09/09/2020 - 08:06

      You sure? Nearly 10 years ago now, I did significant damage to my car taking evasive action from a car that came out from a side street without looking. Nearly wrote the car off.

      There was 0 contact with the other car but they stopped and provided me with their details etc.

      The other car was deemed at fault by insurance, for me no excess, no at fault claim, no higher premium, never paid a cent.

      • trapper on 11/09/2020 - 16:32

        Some people are honest, some people are not.

        If the other car had just kept on driving you would have been in the same boat as OP.

  • MelbEng on 07/09/2020 - 17:04
    +3

    I had a similar thing happen to me, with the same damage. I had dashcam footage which recorded the incident and the registration. However this was not enough for my insurance company. They need the name, address and phone number of the other driver. So the choice is yours if you would like to try to get the police to help you with tracking the driver down. Otherwise, you'll just need to suck it up I'm sorry.

    • capslock on 07/09/2020 - 17:11
      +10

      Can you share who your insurance company so I can avoid them?

        • onetwothreefour on 07/09/2020 - 17:56
          +21

          try and keep premiums down.

          LOL

      • Ughhh on 07/09/2020 - 17:56
        +3

        Most insurers require name and address/contact details of the other party. Otherwise it would be free upgrades for everyone.

      • MelbEng on 07/09/2020 - 18:08

        No point replying as they are all the same. You need to provide the details of the other driver.

        • SlickMick on 08/09/2020 - 07:59
          +4

          If it's true, it needs to change. Rego and time is all OP can provide, rest is up to police and insurance.

          Next thing insurance companies will require you to flee the scene if you're involved in an accident, rather than just not admit guilt, to avoid having to pay claims.

    • dogboy on 07/09/2020 - 18:28
      +11

      Police to help in a civil matter? Tell him he is dreaming..

      • capslock janitor on 09/09/2020 - 12:25

        so unless OP did get hit by other car and did a drive-off, then Police can action this law?

    • Zachary on 07/09/2020 - 19:40

      Well you got the registration, get his name, address and phone number with that.

      • MS Paint on 07/09/2020 - 20:24

        Could have been a different driver

        • SlickMick on 08/09/2020 - 08:00
          +3

          that's why police are trained in waterboarding

        • Zachary on 08/09/2020 - 14:48

          Well we dont know about that until he finds out and rocks up to his place…..

      • heysoph9 on 09/09/2020 - 08:26
        +2

        Yeah I got help from the local police once when the other driver gave me some fake details. I called the local police station and gave the number plate and any details I had, and they followed up on behalf of me and got the correct details from him and passed them back to me.

    • capslock on 07/09/2020 - 17:27
      +1

      Ironic that OP would have been better off hitting the other car and not trying to avoid a collision.

    • Drakesy on 07/09/2020 - 17:27
      +1

      Well techinically didn't panic, moreso took an evasive manouevere that may've resulted in greater damage caused by the other driver. If the other driver really was erratic then the OP would have a case.

      But again, would have to see the footage.

      • capslock janitor on 09/09/2020 - 12:18

        Yeah I'm not taking any sides until I see the footage he said 2 days ago…

        You have to weigh taking a bit of a side hit and brake, or drive into a gutter.. what if there's another lane, or pedestrians, biker sooo

    • devpress on 07/09/2020 - 17:49
      +28

      @aardvarks

      Panicked? I love how some keyboard warriors jump to conclusions / state opinions as if fact.

      As most people would do (I would think), the natural reaction is to avoid a collision with a larger object, like another car.

      Also, even if I had time to contemplate my options (swerving into the gutter vs. allowing the collision to happen), I doubt most would take the collision option, given the risk of injury to occupants in the car - such as a small child. Not to say there aren't risks from swiping the gutter, but a lot less in my opinion in terms of personal injury - which has to be the pejorative, particularly with other passengers.

      Sure my opinion only, but imagine what you would do if you had a kid in the car?

        • Drakesy on 07/09/2020 - 18:12
          +2

          @aardvarks There is a difference between taking evasive action and panicking you realise?

          10/10 good troll otherwise

          • brendanm on 07/09/2020 - 18:27
            +12

            @Drakesy: Generally, evasive action is braking. Swerving is a bad idea, especially if you aren't aware of dangers.

            • Drakesy on 07/09/2020 - 18:28
              -4

              @brendanm: 🤦‍♂️

              • brendanm on 07/09/2020 - 18:35
                +10

                @Drakesy: What's that little guy mean? Swerving is very dangerous, people often do it if a kangaroo etc jumps out, in that instance can cause a roll over, hitting a tree etc, much worse than just braking and hitting the roo.

                In the ops case, there could have been a pedestrian there who may have been hit, injuring or killing them. Op would then not only feel like crap, but may also be in legal trouble.

                Metal and plastic can be fixed and replaced.

                Edit - I had to zoom in and see how. You should facepalm yourself, and hand in your licence if you don't understand how swerving is dangerous

                • devpress on 07/09/2020 - 18:49
                  +7

                  @brendanm: Guys, I think it's probably time to stop it with the "should haves" - should have let the collision take place, should have braked, etc.

                  For sure going into the gutter would be a crap move if there were pedestrians. But what if there was a car behind and you emergency braked and got rear-ended at speed?

                  Ultimately, people are trying to prevent an accident/injury, making a split second decision.

                  Maneuvering out of the way was a natural, reflex reaction. And yes I did brake certainly; however I wasn't confident that was sufficient to avoid collision, hence the move sideways.

                  At the end of the day, fortunately there were no pedestrians or injury to any party; at worst I'm just out about $1,000.

                  I'm simply asking whether there was recourse on the damages. And as far as I'm concerned there is no point re-litigating what one should have done in that split second.

                  • brendanm on 07/09/2020 - 19:33
                    +4

                    @devpress: Of course there is a point to saying what should have happened. Or are you happy doing the same thing again in the future? Braking and not swerving is not a natural action, it's why you have to teach yourself to do it.

                    If no one ever says anything, no one will ever learn to do things a different way.

                • [Deactivated] on 07/09/2020 - 18:56
                  +1

                  @brendanm: Agree that braking was the correct and safest course of action however, that's like telling people to brake before the turn, understand how lateral grip limit feels like, correcting and oversteer, etc.

                  It is a skill.

                  Claiming that given the ability to think rationally, they would swerve vs braking, then I'm with you on that.

                  Even pro drivers lose control because of swerving.

                  • brendanm on 07/09/2020 - 19:40
                    +4

                    @[Deactivated]: I agree, it is a skill, but people burying their heads in the sand and continuing to do what they are already doing doesn't help. I've had to teach my wife not to swerve, as we have bunnies around here, and swerving for one of those at 80-100kmh is not a good idea.

                    I've seen the results many times of what happens when people swerve, lose control, and roll or hit a stationary object. It's not good.

                • Drakesy on 07/09/2020 - 19:03
                  -1

                  @brendanm: I understand swerving is dangerous, i never said it wasn't. The mitigating action would suit the circumstance.

                  If a sink hole opened up in front of you would you brake and swerve around it or carry on into it?

                  Alternatively if the car swerved into the OP, sideswiped them, causing greater panel damage/them to roll and continued on the OP would be out of pocket a lot more than a busted tyre and realignment.

                  I feel this was a case of damage limitation and the OP made the correct choice

                  • brendanm on 07/09/2020 - 19:44

                    @Drakesy: Ops situation is not a sinkhole. Braking only would have, at worst, ended in op hitting the other car, in the way that cars are designed to crash. The other driver would have then likely stopped, or if they didn't, op could involve the police, and his insurance, and would not have to pay.

                    Worst case scenario in the swerving at the curb, is hitting and killing someone. I know what I'd prefer.

              • whooah1979 on 07/09/2020 - 19:04
                +5

                @Drakesy: Brendanm is right. Swerving is the easiest way to mount the curb and hit an object, pedestrians or damage the wheels. Braking and hitting the other vehicle straight on is the safest way to reduce injuries. Vehicles are designed to crash this way.

            • Drakesy on 08/09/2020 - 13:08
              -1

              @[Deactivated]: please
              just
              stop

            • CocaKoala on 09/09/2020 - 07:09

              @[Deactivated]:

              OP straight up lost control and made the encounter much worse than it should of been, he panicked

              Given the fact that the op has chosen not to upload the video footage makes me suspect this to be the case.

        • arcticjuggernaut on 09/09/2020 - 11:14

          Have some more negs you twit

      • brad1-8tsi on 07/09/2020 - 18:32
        +4

        imagine what you would do if you had a kid in the car?

        I would brake but not swerve. That's what we are recommended to do at work when a kangaroo crosses our path (which happens a lot - 3 hits last week but only 1 vehicle with damage needing repair).

        I will admit is really hard not to swerve.

    • [Deactivated] on 07/09/2020 - 18:58
      +1

      He was put in a dangerous situation (so he claims), panicked, crashed the car and it could be their fault.

      If anything, they contributed.

    • SlickMick on 08/09/2020 - 08:02

      hey OP, I think we found that maniac driver who doesn't even acknowledge he did anything wrong

  • Euphemistic on 07/09/2020 - 17:28
    +5

    Don’t go with your insurance. A tyre and a wheel alignment is a lot cheaper than the excess and potential premium increase.

    • devpress on 07/09/2020 - 18:40

      About the same on the repair costs, but yes the X factor is the premiums

  • popsiee on 07/09/2020 - 17:33
    -2

    Anyone know how long you can take to lodge a claim . I've holding on to the details of an incident that happen around 7 mths ago . He was insured and at fault .

    • Euphemistic on 07/09/2020 - 18:45
      +1

      Why so long? Get a move on and claim or you’ll regret it.

  • Ocker on 07/09/2020 - 17:58
    +1

    Have you actually called your insurer and asked their advice?

    • devpress on 07/09/2020 - 18:37
      +5

      Yeah just got off the phone with them. Basically I'll have to lodge the claim, and the insurer will then attempt to find the details of the other party based on the plate. If they can find the other party then my excess is waived (because there is now a counter-party to pursue damages), but if not then I'll have to pay excess.

      Regardless of whether they can find the other party or not, how this claim may affect my premiums is unknown…

      • Ocker on 07/09/2020 - 19:01
        +1

        Sadly you can expect it will increase your premiums going forward, by how much is anyone's guess, but it should not be too great

      • jorf on 08/09/2020 - 08:07
        +3

        Report to police - they will give you their details. Don't trust the insurance company to work it out. Since you have dashcam footage, the chances of you being found not at fault increase dramatically with a police report.

      • SlickMick on 08/09/2020 - 08:15

        Yes! I was sure society hadn't plummeted to the level some indicated above, where you need to hire bikies to track down the driver. Of course that's the job of the insurance company.

      • theo96 on 09/09/2020 - 02:36

        Hmm I thought whether the excess is payable or not is solely determined by whether the policy holder is at fault?

      • SgtBatten on 09/09/2020 - 18:13

        You can cancel the claim. I once lodged a claim for an at fault accident without realising my excess was so massive. Got all quotes done and repairer chosen, then realised the excess, cancelled the claim and paid for it myself. Insurer didn't care

    • devpress on 07/09/2020 - 18:42
      +20

      I brake as well as your ability to throw out vacuous comments

  • thatonethere on 07/09/2020 - 18:33
    +2

    My wife was side swiped by a truck eho didn't see her and mucked up 4 panels of a car. Dashcam kinda had the incident but it was forward facing so we got the numberplate as they zoomed off.

    Initially they said too bad can't identify driver (u need to pay excess) but I was persistent and they gave us the excess back and kept no claim bonus as a gesture of goodwill. Was about 5k of damage.

    • devpress on 07/09/2020 - 18:38

      In that case I would have claimed too, just due to the large out of pocket … but good on you for getting the outcome you wanted

      • [Deactivated] on 07/09/2020 - 23:21
        +1

        Not worth it for a tyre + whatever that is upto $1k cost. Excess + stained record is well worth the $1k.

        I am guessing the insurance company will try all trick to argue it's your "fault".

        Best is to lodge police report with cam footage. Hopefully that person will get done for reckless driving. (Presumably reckless based on description in OP).

        • baskinghobo on 09/09/2020 - 09:53
          +1

          Sometimes I wonder if insurance of any kind is worth it. I pay for insurance for security and peace of mind, not to research and negotiate and call them 20 times a day hoping to get paid out correctly. Maybe I should cancel my insurance and start using that money to save for a rainy day instead.

          • [Deactivated] on 09/09/2020 - 10:14
            +1

            @baskinghobo: We paid out of own pocket to repair a panel, costs just over the excess because: 1. Excess is almost at that amount. 2. A stain in claim history.

            Conclusion:
            1. 3rd is a must; and
            2. Comprehensive for peace of mind. Self insured for small/minor ones as it is not worth it to claim. However, it is the greater down side the insurance covers (eg totaled).

            Per above 2 points, it serves the purpose of insurance as intended. 2 can be optional, depending on value of the car, I suppose.

            I am glad that motor vehicle insurance is by far better than the so call health insurance that many are forced to get for tax purposes. Which most people end up with "junk" cover.

            It is what it is. Glad that no one is harmed. Money gone is money that can be earned again. Hope OP doesnt feel too bad about it. There are always idiots out there. I live in sydney and see many of those regularly.

  • jayboi on 07/09/2020 - 19:12

    Maybe just keep trying to get your excess waived and say that you have the number plate. they might ask for name, address, etc but say that this was a hit and run and say that you should be able to find their info off of the number plate, and upload the footage here too

    • brendanm on 07/09/2020 - 19:46
      +1

      Yes, lie about a hit and run to an insurance company, an excellent idea.

      • jayboi on 07/09/2020 - 19:50
        +1

        sorry not hit and run, just say that they drove recklessly and caused you to crash in the curb and show them video evidence

  • eggles01 on 08/09/2020 - 10:23
    -1

    I have not read all these comments so this has probably been commented,simply ring your insurance and ask them

  • Foofur on 08/09/2020 - 10:56

    There’s a legal-ese saying that goes “owing to vehicle As presence, the accident occurred.”

    This goes for being illegally stopped on the side of a road, pulling out without looking, etc.

    Start with your insurer, and go from there.

    I’ve witnessed Police actually calling a driver to inform them that a member of the public had made a complaint about their driving - is an unofficial warning at best though.

  • Drj55 on 08/09/2020 - 12:03

    Nearly the same thing happened to me although I only shredded a tyre and I didn't have dashcam footage. I did however track the driver down at the next lights and got their details. I made a formal police report and they had to make a statement. But I felt as though there was zero interest by the Police as essentially there was no actual collision, just my evasive action that saved a collision but damaged my car. In the end I just paid for the new tyre.

    Love the keyboard warriors who try to blame OP for poor driving skills. If someone is rapidly coming into your lane what else can you do? Brake and move away. Other option is major damage to both cars and potentially a pile up behind.

  • TrumpisKing on 08/09/2020 - 12:05
    +8

    Where's the video footage!!!?!

    • capslock janitor on 09/09/2020 - 12:28

      he drove into a gutter, limped out, and forgotten it went thru the windshield now he needs a new windshield too

  • OzHunterNSW on 08/09/2020 - 12:11
    -8

    Karen, put it down to the perils of owning a motor vehicle.
    If the roads were safe, you would not have air bags, seat belts, or bumpers.
    Suck it up

  • MS Paint on 08/09/2020 - 15:28
    +5

    Please upload dashcam footage at your earliest convenience or sooner. Been hanging on a while now.

    • Zachary on 08/09/2020 - 16:06
      +2

      Probably still limping home……god knows for how long more….

  • ozbjunkie on 08/09/2020 - 19:27
    +3

    Dashcam must have a USB-1 connection.

    • Zachary on 08/09/2020 - 20:40

      lovely 1.5MB/s transfer speed.

  • HeWhoKnows on 08/09/2020 - 21:47
    -2

    Just be glad you are alive dear OP

    If police did not witness the incident you got bucklies of proving anything with or without a dashcam.

    Then again if you have and USEFUL dashcam evidence then make a claim and provide it to your insurnance comapny and let them chase the offender

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