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

  • alikazi on 09/09/2020 - 01:26
    +7

    WHERE IS THE FOOTAGE AND THE MS PAINT DIAGRAM PLEASE CAN YOU HURRY UP OP? I cannot do my job as a OzBargain assessor slash private investigator without those 2.

  • CocaKoala on 09/09/2020 - 07:04
    +2

    Need to see the footage to be able to comment on whether the other party is actually at fault or if it's just your personal opinion.

    We've seen one example a couple of days ago where the dashcam video uploader was the worst kind of lane hogger and got roasted by the community.

  • solar eclipse on 09/09/2020 - 07:26
    +11

    I'm afraid I must insist. You see, my OzB community, they have been most vocal on the subject of the dashcam footage. "Where's the footage? "When are you going to get the footage?" "Why aren't you getting the footage now?" And so on. So please - the footage.

    • picklewizard on 09/09/2020 - 09:22
      +3

      We should be able to neg threads for shit like this, lol

    • vetopower on 09/09/2020 - 09:29
      +4

      Ban OP until footage is presented, please.

  • tik tok on 09/09/2020 - 09:38
    +8

    No dashcam footage yet - me thinks he realises he's at fault. Its just one tyre - $100 tops (for a better than average tyre) Beau repair even aligns tyres in the cost of the tyre.

    • brendanm on 09/09/2020 - 10:20
      +1

      Where are you getting good tyres for $100?

      • tik tok on 09/09/2020 - 11:00
        +1

        Google'd be a better friend to you than I can.
        Sometime ago I got 4 Bridgestone ecopias for less than $90 a pop for a camry. I am assuming the OP has a regular Joe car - if he's got one of the higher end cars requiring high end tyre specs, then I will have to take back my statement.

        • brendanm on 09/09/2020 - 11:55
          -1

          Unless you have 15" wheels I think you'd be out of luck.

  • trapper on 09/09/2020 - 11:40
    +1

    Unfortunately, you have no recourse. You don't even know who was driving the other vehicle.

    The only way you would have any realistic chance of success here would be if the police had witnessed the incident AND the other driver was charged/fined for some offense.

    Try not to swerve next time, especially if it means you will hit something else.

  • lonewolf on 09/09/2020 - 12:20
    +1

    This happened to me before and ended up hitting another car but the insurance company (NRMA) told me the car that drove off and caused the accident isnt at fault because it didnt get hit / make contact…Even though it was because it swerved in from the side street when there was no space and that caused other cars to swerve and hit each other.

  • blorx on 09/09/2020 - 14:41

    footage was promised on 7th now 9th - where is said footage?

  • sraymond on 09/09/2020 - 17:39
    +1

    It’s obviously detrimental to the OPs case.

  • Thatsgold on 09/09/2020 - 18:18
    +1

    I think OP has had another incident with the same driver and now the other side of the tyre is damaged…
    Someone call lube mobile that will come to you, THATS PHIRTEEN PHIRTEEN PHIRTY TWO

  • jayboi on 09/09/2020 - 21:34

    OP is coming online every so often but no video has been uploaded yet. something isn't right here

  • Last Seen on 10/09/2020 - 14:45
    +1

    May I have three guesses?

    • dash cam overwrote the footage, during the limp home.
    • worried that the default timestamp of 01-01-2015 may crush his credibility.
    • didn't happen, needed a +ve self esteem boost.
  • MS Paint on 10/09/2020 - 23:50
    +1

    Show me the footage

  • jayboi on 11/09/2020 - 17:54
    +2

    I think OP reviewed the dash cam footage and found that he/she is at fault as he/she was imagining that another car was speeding in front of him/her and swerved for no reason and punctured the tyre and didn't want to say anything on here from embarrassment.

  • Zachary on 28/09/2020 - 06:29

    Damn, taking almost a month to get home…..that bad huh?

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