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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You don't need to pay if you didn't touch her car. A lot of people are scamming others lately and will make all sort of excuse to get money. Send her a text stating that you never touch her car so you should not be liable. It will also serve you as a proof if she wants to take it further and threat you. But obviously she can't do anything as no damage to your car.
You are all right, I will send a message saying everything I have to.
Seems like you're just fishing for the answers you want to hear to support how you feel.
Yes, even that.
I knew from the day after that I didn't have 100% the fault.@[Deactivated]: I really don't like your attitude to this
As a novice motorcyclist I was merged into in a similar situation, and I swerved and crashed to avoid hitting the other car. The other car slowed down, then decided not to stop as I picked myself up off the road with a broken wrist.
You are at fault. But you can get away without paying, as it is not provable. But this makes you a bad person.
If you never entered her lane you are in no way at fault for the damages to her car. If you encroaded somewhat you may be liable. If the incident was like you said in the comments above I would refuse to pay.
One thing you should do is get your side mirrors set correctly. Using your side mirrors and your central mirror you should have a continuous panoramic view and not the same thing in any two mirrors - overstating a little for effect. This almost eliminates your so called blind spot in lane driving. But you should still turn your head as well when changing lanes. And never buy those stupid stick on mini mirrors for your side mirrors because they are no real fix for properly adjusted mirrors and can cause confusion for you.
- inexperienced driver, got licence from different country recently
- 'I hit the rims every time I park!'
- keeps making excuses as if because it was the blind spot it means it's not her fault
This lady did you a huge favour by swerving, she could have caused you 2 cars worth of repair / insurance bills if she hadn't
Get the invoice before payment as others have said. But stop pretending its not your fault.
Pay only when you are forced to pay. Cant believe the people here on Ozbargain are telling you to pay the girl on the basis of a text. If she wants to escalate it then tell her to talk to your insurance company.
She should've gotten a few quotes and then presented them to you.
As it appears the crash/damage is your fault (even if you didn't sustain damage), I'd say you need to pay for her damage, but check to make sure that what she's asking you to pay is for the damage and not more.
If you have insurance, perhaps let them deal with it. It'd be good if you took a photo of the damage she claims to have occurred such that you could get your own estimates for repair. However, it could be that her tyre was also damaged which may contribute to the costs, assuming the $500 is actually correct (hence, check invoice)
I was in a situation where a car ran a red light when I had the green. I took evasive action to avoid being hit and hit another car. Other car claimed against me as he should, my insurance claimed his and my costs against the car that ran the red. Red light runner didn't sustain any damage but caused the accident.
OP shouldnt have accepted as he was not sure what exactly happened. The moment, he said its his mistake - his statement was used as evidence, the woman took advantage of it. Simple! Without a dashcam evidence, and other information - OP should have said "I am not sure and I think I am not responsible" which would have surely stress the woman to present some withness or other evidences.
If it were me, I'd ask for the receipt as others have mentioned and if legitimate, pay it as I'd feel bad. Hard to prove the scratch wasn't there to begin with though…
Take this as you like, but a few years ago i was driving with my parents and a drunk driver swerved and drove towards us into the oncoming lane on a 2-way road (quite close, I'd say 1 or 2 car lengths, very quickly), before jumping the curb and crashing through a fence - when the car was coming towards us, we swerved to avoid hitting them (as we thought they were just going to continue forward) and ended up stuck on a very large rock, cracking the front bar and ripping off the undercarriage covers.
When the police arrived, we mentioned it to them but they said it's not likely he'd be held responsible as far as insurance/repairs go as it was "our choice" to swerve and damage the car. They suggested there were other things we could have done (slam the brakes on, swerve in a different direction etc.) which would have avoided damage to our car, so technically it was our fault.
Post your rego, so at least the Ozbargainers can avoid you.
Does that mean if I get into an accident whilst I'm trying to cross through a gap in stationary traffic because another car waves me through, it's the fault of the car that waves me through? Sweet!
IMO I don't think legally you are at fault, but morally you probably are.
Unfortunate moral of this story is.. If you see a potential incident occurring and you're not at fault but might sustain fault for avoiding it, best to crash the at fault party.
Of course there are caveats to this - I wouldn't risk my family, nor if it were high speed, cause loss of life, etc. I'm talking about fender benders.
(message is really intended for OP, as had the other car simply crashed not taken avoiding action and crashed into OP, then OP wouldn't be seeking a way to avoid the blame).
@John Kimble put it nicely. Legally vs Morally.
FYI that's not how you delete a post.
I don't know how to do it, I tried to look for a delete sign
Explain it to meThere's a report option just under your original post.
Thanks :)
Post Deleted!?
It's not 'hate' that OP is receiving, but rather a different opinion to theirs.
Understandable that this is a member since 13 hours ago
But I don't appreciate the amount of bullies from most of the people in here as well, crazy how we promote 'R U OK' day just recently but in reality, you guys promote cyber bullying.
Yes there are those who revel into creating a nasty environment
I just wanted some different points of view, but of course if I read that people think I'm not responsible I'll prefer those comments over the ones that say " calling you a lazy driver it's a compliment" and they don't even know me, or how I drive.
thanks for the hate as well
Welcome to ozbargain.
Also, Karma is a bitch.
Hope your name is not Karma.
ahahahah, well I'm not going to use it again.
You can use it for bargains. When it comes to advices, it's a mixed bag.
Same goes for bargains though
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It’s pretty reasonable to ask for an invoice for the repairs/replacement. Sounds possible that the tire was replaced too for that cost.
Given that you are too blame but not entirely at fault it wouldn’t be unreasonable to offer to pay half. Get something in writing about the $250 being the closure of the matter.