Hi there, in the beginning of October I was driving in the right lane approaching a red light so I was going slow, I wanted to change lane to the left one, so I looked behind me and checked the mirrors and there was no one so I started to turn my car towards the right lane.
But suddenly I saw a car next to me which I didn't see before because was on the blind spot, so as soon as I saw the car I turned again towards my original lane. I didn't get to change the lane so just the front of my car had entered the left lane.
The other car turned towards the footpath to avoid touching me, so we didn't touch. So when I looked at her through the middle mirror and she said to stop at the side and see what happened.
So we did it, and she showed me that she had a little scratch on her rim due to her turning towards the footpath, but there was no damage on the right side of her car ( so the side that was next to my car, this shows that we didn't touch).
So she took a photo of the rim, she took my details and license number. Because it was my first time that something like this happened, I didn't realize that theoretically I didn't do the scratch but she did, because she turned towards the footpath.
However, I went back home and waited for her call. She didn't call or text not the first week, not the second so I thought that the story was closed there, until yesterday, precisely 3 weeks later she texted me saying that I hit her car and that she fixed her car and that I have to pay for the repair of the rim and wheel and it is 500$. Now, I don't think I am fully responsible, because I know that it has been my fault because I didn't check twice for the blind spot, but she could have just stopped, she decided to turn towards the footpath. What do you think?
Please I need some help because it never happened something like this to me before so I don't know how to act.
Blind Spot Accident Not Happened
Last edited 26/10/2020 - 11:30 by 1 other user
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If you put a "I đź’– Ozbargain" sticker
"Former COVID Positive" might be more effective.
I think you need to pay, she swerved to avoid your car because you didn’t check over your shoulder properly. Ask her for the invoice and reimburse her and then make sure you check properly when changing lanes from now on. Think of it as a learning experience rather than how you can avoid blame.
Yes I know it was my fault, but we are not talking about 150 dollars, she asked for 500$ after 1 month without even sending me a receipt.
People are busy, she may not have had time to get it looked at until now. Like I said ask her for the invoice and then reimburse her. It’s not worth giving her your insurance details for such a small amount. You don’t get to decide how much it cost to repair her car.
@[Deactivated]: Well I tried to give you some advice and a different perspective but if you don’t want to hear it I won’t be much help.
@Any thing: Must of got frighten by the red “Ferrari” in this post https://www.ozbargain.com.au/node/576071
@Any thing: Sorry I know, I really hate hearing this… But no you're right you're just giving me your point of view.
@[Deactivated]: Excuse you! You damaged someone else's property, due to your improper lane change, so you pay regardless of what car they have.
@perhaps: I didn't change the lane in the end, I swerved as soon as I saw the car! I didn't touch any part of the other car
@[Deactivated]: Did you or did you not put the other driver in a position where they were run off the road to avoid a collision, due to YOUR negligence
Ask for receipt. She provides, you pay.
Scully saids no.
This; ask for proof of actual damages. You're not liable to pay anything more than the actual cost of repairs.
OEM wheels are expensive and usually not kept in stock. You caused the damage, you pay.
Depends what damage actually happened if it's a scratch a curb doctor could fix the damage for $100-200 usually asking $500 is like purchasing a brand new rim of Toyota which is crazy which it sounds like she did
@solidussnake: Either the wheel was replaced or it was for repairs plus tyre replaced and/or hire car. We'll never know.
No, op does not have to pay. If she had swerved into a group of 20 schoolchildren, should op pay for their medical costs due to her stupidity? No.
So you think I don't have to pay?
No. Why would you. You didn't push her car I to the kerb, she did. If she hadn't moved, you may or may not have hit her.
@brendanm: yeah that's what I think, she could have just stopped because I wasn't even going fast becuase I had already slowed down for the red lights
I would say no, the appropriate maneuver would be to sound horn and brake, not swerve into pedestrian only zone. She drove badly as well and that is not your fault.
Actually the law says whoever caused the accident. Whilst the cars did not touch, the OP created the circumstance and situation in which the accident happened; the OP ran the other car off the road.
In these situations, without video evidence it's easy for people in the OP's situation to deny fault and get away with it. It's a he said, she said in a civil matter.
Literally impossible to prove that OP "caused" it. As I said, they may not have even hit had she not served. What if she hit a Ferrari while swerving, causing $100k damage? Is it ops fault she swerved? No. She was in control of the vehicle.
@brendanm: Would still be the fault of the OP. Difference is the owner of the Ferrari would have the rights to lodge a claim against the car that swerved, the car that swerved would then have the right to lodge a claim against the car that caused them to swerve in the first place. All this information would be lodged in the claim report by each party. The Ferrari owner would write "car swerved from right lane into my car", the car that swerved would write "car to my right attempted to change lanes into my line of traffic and forced me to swerve left to avoid an accident".
Usually this is all done by the insurance agents who would determine liability. The real problem for the car that swerved is without proof (video, photographic or corroborating witness testimonial) that the car to their right moved into their line of travel, the insurance companies would deem the one who swerved to be liable as the agent representing the car that made the initial lane change would deny liability without proof.
Not true. If you brake suddenly and someone rear ends you, they're at fault not the person that braked. She was in total control of what happened to her car, she had other actions she could have taken. Not OP's responsibility.
Member Since
33 min agoHere we go another one of these accident posts.
I was driving in the right lane approaching a red light so I was going slow, I wanted to change lane to the left one, so I looked behind me and checked the mirrors and there was no one so I started to turn my car towards the right lane
That’s messed up right there…
I am sorry, do u want me to explain it to you in Italian? So I don't make as many writing mistakes ahahhaah
Yes - might as well because that didn't make any sense
If you can speak italian that would be great ;) I don't think you do
First you said you were turning into the left lane then you said you were turning into the right lane
Because my intention was to change lane but as soon as I saw the car next to me I went back to my original lane, so I didn't even entered the other lane.
@[Deactivated]: Reread the context where you said you were turning into the right lane and you'll see that doesn't make sense. Maybe edit your OP
You could defend your self from a siege with that Wall of Text
Holy shit…
Just pay the insurance and be done with it.
I spoke with my family about this and they say that insurance it's not worth it for this little thing, because literally it was a 5mm scratch.
Just pay $500. That's cheap. Seriously.
cheap for a scratch?? I would say cheap if I ruined her car. But I didn't, the car was like new just the rim had a minor scratch
It doesn’t matter if it’s a minor scratch or a larger one, a proper panel repair needs to respray the whole panel. If you want an itemized quote, you might end up with a quote including the quoting fee, wheel alignment, car rental fee during repair, taxi for pick up and return the rental car. Which cost much more than $500.
Make sure you have a settlement letter when paying.
Do you have pictures op?
No I didn't take any picture because I've been stupid. I didn't have my phone with me I left it in the car.
What does her invoice say exactly?
she sent me a message saying " hi you hit my car few weeks ago and the cost for the repair is 500$ let me know how you would like to pay.
@[Deactivated]: Tell her that you did not actually hit her car. Also even if you so decide to pay, do not do so without seeing a tax invoice for the repair.
@brendanm: Yes of course I ask her the invoice, cause it's easy to ask me 500$ without showing me proof that you paid that amount. If we decide together what to do I'll ask her to split the bill or something like that.
I think just ask for an invoice and pay it. You would have been on the hook for much more I suspect if she hadn't swerved and hit you.
she wouldn't have hit me because I didn't even enter her lane, I swerved too towards the opposite side. Not just her.
You ran her off the road. Just because you didn't hit her car doesn't mean the accident isn't your fault. You need to accept responsibility for a stupid mistake. Obviously get an invoice first. If it is $500, you could say I'll give you $300 as I didn't hit you. Unless you do the right thing pay the full amount and accept the blame.
Why would you share your licence details, if you didn't touch car?
You made a mistake here, so pay $500 and move on.
Because I was scared as it was my first time stopping for this kind of things, I didn't know what to do.
Zero fault but you screwed up.
Yes Ik, since then I check 400 times before changing lanes.
But so do u think I have to pay?Only if you believe that $500 is worth up to 1 year of worrying and your time in court to explain how you didn't hit her then go ahead and do nothing. But you have zero leverage in the situation, she has all the cards here, she may well be bluffing you but again that's on you to worry about.
Do you think she would take this to the court?
Ask for an invoice before you even consider paying, to see what repairs you are actually being asked to cover. Then you can check with the repairer what wok was actually done. $500 seems a fair bit for just a scratched rim.
Perhaps it was for a rim replacement, damaged side wall of a tyre (so new tyre) and a wheel alignment; that would seem more realistic.
Only by sighting an invoice will you know what you are being asked to reimburse/cover.yes I would never pay that amount without an invoice. Maybe she took advantage of the scratch and decided to replace the whole rim so I had to pay that, but I swear the scratch was minor.
Say your solicitor has asked for a copy of the photo she took, a copy of the invoice and receipt and a copy of her license
And what if she refuses to send me the photo she took and her document?
say your solicitor has advised you not to pay without those in case its a scam
I will,thanks!
Lying is a terrible idea.
why lying? What did I say about lying?
No one. Brendanm is responding to hellopam2019's advice. You haven't sought advice from a solicitor but they're saying to claim that you have.
@Trance N Dance: This. Don't lie about talking to a lawyer, it's just silly. No one talks to a lawyer over $500, and only people with something to hide lie.
Ask for…
- Original photo she took
- Photo of repair
- Quote for repair
- Tax invoice of repair with ABN
Call business on tax invoice to confirm existence
Pay up if all checks out
Delete her text message if dodgyTHanks.
A friend of mine scratched the wheel on the curb during a test drive at the dealership. They asked him to pay $150, it was Camry. I don’t think $500 is a reasonable price for that kind of damage. And I doubt the damaged party would sue you if you refuse to pay for a scratched wheel. I would offer $150 via bank transfer, take it or leave it. Or just ignore her if you have the guts to do it. Anyway, unless she has a dash cam, no way she can prove it was your fault.
for now I didn't respond yet.
if she asks me again I will offer that to her.He was a fool to pay. Did he sign anything saying that he was taking responsibility of the vehicle for the test drive ?
OP. Do not pay. You do not know if that scratch was already there or not. It would be hard for her to prove.
Ignore all correspondence until she wants to take it to Court. At the Court you'll probably still win as she has to prove you made her go up the kerb and that the kerb actually caused the scratch.
I don't think it will get to court, it's not worth it.
Was the scratch a single line? If so it was probably already there. If the rim is spinning when they are driving and the go into the footpath then it would cause a lot more scratches.
And no way in hell that a tiny little scratch costs $500 to fixit was like a zig zag scratch. maybe 2/3mm height and 5 mm lenght.
I don't believe that this is legally your fault.
Also, $500 seems unreasonable for the wheel damage.
I would recommend that you
* Claim that you are not at fault
* Ask for the receipt for her repairs
* Offer to pay 50% of the actual cost as a gesture of goodwill.Yes exactly, I felt so bad for her because she was my age or a bit younger.. I just don't accept the fact that she expects me to pay that amount without even showing me the receipt. It's just too much for a little scratch. Obviously if she had asked me to pay 100$ I would have payed her, no problems! But that amount it's just unbelievable.
That's why people get insurance as the insurer decides who is at fault. You are not meant to admit fault at an accident. People will try to get you to do that. It seems like the other person has done this. There could be some reason where that person was at fault eg, distance between the two cars or she just entered the road, speeding etc. Or maybe this case could even go 50/50. That's why you need:
Your own photos of damage
Her rego and other details
Make and model of car
Witnesses if possibleThe rim may have been bent or the scratch recommended to be fixed as rims need to hold air. Hard to say without looking at it/detailed photos.
Thanks :)
Maybe you should check your blind spots and none of this would've happened?
yes iknow that, but blind spots it's a common risk.
You should be checking for blind spots every time you change lanes. Its only a common risk for lazy drivers.
hahahaah thank u for calling me a lazy driver …
@[Deactivated]: Why are you laughing? You didn't check your blind spot and caused an accident, which you're now here whinging about. Imagine if the other driver hadn't swerved to avoid you. How much would you be spending then?
You don't bother to check your blind spot on a merge. People could have died if things had played out differently.
Calling you a lazy driver is very polite.
@kale chips suck: I did check the blind spot! Why are u attacking me like this? Please chill!
I swerved too! She was at the left end side of my car, not specifically right next to me!
I am not a lazy driver, it's been nearly 2 years that I have my license and I never had any accident. This wasn't even an accident and it was my first time as well.
You do not have to pay that bill because she did not get your ok before she proceeded with the repair.
Normal situation is they get a couple of quotes and send them to you for your approval.
$500 for a mark on a rim sounds like a rip off.It sounds like you are not a confident driver? Get some driving lessons or somehow get some more experience away from traffic.
In the meantime drive as little as possible, the next opps! could be a very expensive one.Not sure of why you got neg votes. You are correct. Unless she can prove those scratches was a result of the accident, has witnesses, etc, she’s going to have a very, very difficult time in making you pay. Secondly and more importantly, before proceeding with repairs, she should have gotten a few quotes for you to review, then agree which repairer to go with (if both parties agreed with accident details).
Ignore her phone calls, if she’s desperate for the money, she’ll send a letter of demand….that’s another story for another day.Does she have your address, did she have tatts and appear to be associated with bikies?
she has my address yes… No she's a young girl maybe 17/18 yrs old..
I got my license in Italy one year and half ago. In italy the roads are different… And as soon as I came here I converted my license for the australian one, and they gave me the green P, this girl had a red P.
Not sure your being an Italian driver instills us with much confidence in your driving ability. ;-)
But HEAD CHECK. The blind spots are named that because you can't see objects within them by looking only at your mirrors.
You do not have to pay that bill because she did not get your ok before she proceeded with the repair.
lol no
I wonder whether the damage to the rim was already there and they took the opportunity to try and get OP to pay for it?
The left hand side wheels almost always have damage due to hitting the kerb when parking.Yes!! extacly, I hit the rim everytime when I park! She could have done it by herself some days before
This happened to me but I was the guy who swerved and cut up my tyre. Went to police who said technically no crash occurred. I think she has zero chance of claiming money from you. Think of it this way. If she was on your left and you where in her right, how could damage from an accident be on her left? She'll never go to court over this. She's just hoping you'll do the right thing. If you want to make yourself feel better, pay up or pay half. Otherwise, block her number and move on.
So this happened to you? I'm sorry!!
Yeah I don't want to be bad with her, but for me she's just trying to get money from me, a lot! If she asked me 100/150$ I would have paid her and closed this thing, but if you come at me and ask 500$ like that I don't like it
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We need a MSPaint.exe diagram, too many words in your post.
And you should be head checking before changing lanes.
If you put a "I đź’– Ozbargain" sticker on the back of your car, other drivers will automatically give way*.
(* = Past performance is no guarantee of future results)