Truckie Hit My Parked Car and Refusing to Accept Responsibility

LV-Legion on 16/09/2021 - 22:16
Last edited 17/09/2021 - 18:25

A truck backing out of a construction site hit my car and damaged it badly.
My car was parked out side my house in a parking bay.
I only noticed it a couple of hrs later when I went to take my car to go to Coles.(havent moved my car since finding out)
Called the construction company and confirmed there were only 2 trucks that came to site that day. They have proof for this.

1 truck company was kind enough to send their truck the very next day and confirm their truck did not do the damage as the impact location would have been different.
The 2nd truck company was very evasive and unhelpful and blankly refused to accept their truck could have hit my car. Their driver actually lied and stated there were no cars parked when he was backing out. My car was parked there the whole day.

2 days later that truck visited site again for delivery and the supervisor knocked on my door to come and check. he confirmed it was the same truck from the other day.
We checked and found the paint transfer and marks on the truck.
The supervisor then made the driver to back up the truck and check if the impact matches and it perfectly matched.
The supervisor basically confirmed this truck hit my car and we took it on video too and took photos as proof.

The truck driver refused to accept responsibility and refused to provide his license. He spoke to the truck owner who asked him to not give his license and leave the site.
The police wont take my complaint as there is no video evidence or Witness when the incident happened, but accept the circumstantial evidence is pretty strong.
I have photos from the day showing tire tracks showing the path which matched with where my car was hit.

The supervisor gave me the company name of truck 2 and also the owners name and contact number.

My insurance company advised they will charge me excess as I cannot provide complete details.
The Insurance rep also advised this is a very common thing that the truckies do and never accept responsibility as they know they can get away if there is no video evidence or witnesses.

Has anyone faced anything similar?

Update 1:

The construction site is inside a Semi Private SCHOOL where one section is being upgraded. Not many kids in school due to Covid, but there are a few around everyday. Hardly any traffic management or pedestrian management in place when these big trucks enter and leave site.

My car was in the parking bay because we are currently cleaning out our Garage and disposing some stuff since we had our second baby.

UPDATE 2:

Truck Company Name Oberbauer Transport

Some pics

https://photos.app.goo.gl/Y2wcsqp3bXj2WaC88

https://photos.app.goo.gl/5EYXnsr4neuLnQ799

https://photos.app.goo.gl/dY7NhFRd4XDKuxQMA

https://photos.app.goo.gl/vLgjMUyoo66ytHXD8

Poll Options

  • 70
    Name and Shame the company
  • 1
    Let it go
Automotive

Comments

  • SF3 on 16/09/2021 - 22:19
    +9

    Sorry to hear to your frustration :(.

    Invest in a dashcam…

    • Jimothy Wongingtons on 16/09/2021 - 22:41
      +8
      • assumes cam is powered even when off…
      • assumes vision is 360?
      • studentl0an on 16/09/2021 - 22:51
        +3

        Invest in a Tesla.

        studentl0an on 16/09/2021 - 22:51 (Collapsed - Offtopic. Show)
        • MS Paint on 16/09/2021 - 23:07
          +4

          Assumes sentry mode is activated.

          • studentl0an on 17/09/2021 - 09:31

            @MS Paint: It's not by default? I would think it is and if not it's a single button press when car is in 'park' on the screen from what I've read.

            • MS Paint on 17/09/2021 - 09:48
              -1

              @studentl0an: Many disable it as it drains power

              • Boogerman on 17/09/2021 - 11:00

                @MS Paint: The power drain is more than made up for by the avoidance of excess payment & higher insurance costs in subsequent years
                Additional FYI, USB ports & 12V sockets remain powered while the Tesla is parked. A dashcam with wifi capabilities together with a 4G USB dongle ensure incidents are automatically uploaded to the cloud (so a thief can even steal the dashcam/ SD card).

                • studentl0an on 17/09/2021 - 11:31

                  @Boogerman: Yeah exactly. I personally couldn't imagine many people turning off one of the best features of the car unless leaving the car for long periods.

        • Boogerman on 17/09/2021 - 08:31
          -1

          Assumes potential buyer has cognitive capacity to grasp benefits of owning said Tesla

      • Geoff-bargain on 17/09/2021 - 10:54

        Ive got a blackvue and it should activate if it feels the car move even when the car is off.

  • jwh on 16/09/2021 - 22:27
    +6

    Check if your neighbours have a street facing camera, with some footage?

    Best bet I would say.

    • V-Legion on 16/09/2021 - 23:24
      +4

      I did and they don't :(. I will be investing is some cameras once I get my car fixed

      • Melb Deals on 17/09/2021 - 08:43
        +3

        Im sure the truckie knows he did it but at the time may not have heard or felt the impact. Still really sucks that there isn't a huge amount you can do without video evidence to get them to pay. Tried going to the company office with those pics and a Stat Dec from the site supervisor stating all the info he verbally provided?
        Consider giving the team at Wired Store a call for a CCTV system in Vic. Quality products and great service.

    • chcse on 16/09/2021 - 23:10
      +27

      The truck's company also have insurance… exactly for this situation. Really unfair on the OP and unethical / immoral on the company's part.

      • V-Legion on 16/09/2021 - 23:28
        +4

        Yeah this bloke was so rude and immoral. I hope Karma gets him some day some way.

    • V-Legion on 16/09/2021 - 23:26

      Yes this is why I have insurance but I was pointing out how so often these trucks are getting away with it. And plus I have had rating 1 for the last 9 years which will now drop

      • plmko on 16/09/2021 - 23:29
        +2

        Then go find a lawyer.

        Years ago I got my car fixed for free by suing the truck company, no win no charge lawyer.

        • V-Legion on 16/09/2021 - 23:34

          Checking out this option too but the lawyer charge will be higher than my excess.

          • plmko on 16/09/2021 - 23:39
            +5

            @V-Legion: There are lawyers who have connections to smash repairers. They will do it for free because they profit heaps if they win, but you walk away with free repairs.

            That's what I did.

          • Caped Baldy on 16/09/2021 - 23:41

            @V-Legion: Maybe a letter of demand? Not 100% applicable since it's usually for getting invoices paid.

            You might want to check with your insurer about the not at fault claim rating as it's essentially a hit and run.

        • suzley on 17/09/2021 - 09:19

          If you use a no-win no-charge lawyer, I think you will find you could still come out of it behind if costs are awarded to the other party. Do you think your lawyers will pay those? Just be careful.

  • jv on 16/09/2021 - 22:53
    +1

    Did you or anybody else see it happen?

    If not, you are out of luck…

    • PeterSnoot on 17/09/2021 - 08:50
      +2

      Unfortunately I have to agree. I'm so sorry about what happened to you - there are some real scumbags out there.

    • redfox1200 on 17/09/2021 - 09:34
      +1

      just "find" someone that saw the indicent and the truck driving away

  • MS Paint on 16/09/2021 - 23:07
    +8

    Don't panic. It's a Jeep. Engine failure is imminent and that munted quarter panel will be the least of your issues.

    Also, is the crease damage on the drivers door near the Cherokee badge pre existing?

    Also, is that a dead magpie next to the front passenger wheel of the Kia?

    • V-Legion on 16/09/2021 - 23:31
      +1

      My engine was quite fine thanks

      Yes that mark near the badge was pre existing.

      Not a dead magpie. Just a piece of paper on a windy day

      • Caped Baldy on 16/09/2021 - 23:36
        +3

        Whoooshh

        Jeeps aren't known for their reliability..

    • JimmyF on 16/09/2021 - 23:42
      +2

      Don't panic. It's a Jeep

      Err isn't it more like Panic. It's a Jeep!?

      • wiipantz on 17/09/2021 - 08:03

        The Truckie wasn't so much lying when he said there was 'no cars parked there' tis a collection of bits that happens to be mobile at times classic J E E P Just Eventually Explosion Prone

    • Heizenberg on 17/09/2021 - 01:40
      +3

      Well that would be fraud, so why would OP ever want to do that? I understand that he's getting screwed over here but lying about it is probably not the way to fix it, could end up in a worse situation.

      • jv on 17/09/2021 - 02:10
        -2

        @Heizenberg

        Well that would be fraud, so why would OP ever want to do that?

        You seem uncertain…

    • V-Legion on 17/09/2021 - 06:09
      +8

      I would rather pay my excess than go down the path you suggest. I live by a set certain set of ethics and morals and wouldn't want to change that.

      Shit happens and my post was to see how often these truckies are doing these things and getting away with it. These guys know they can get away with these kinds of crimes and give a damn about public safety and liability.

      Thankfully I am not in a position where paying the excess is going to ruin me.

      Hope Karma gets to these pricks

      • heal on 19/09/2021 - 01:14

        100% agree except for the Karma comment. If you believe in Karma then you'd have to accept that you did something really bad and that the truck hitting you car was Karma.

  • jv on 17/09/2021 - 02:12
    +4

    You have the trucks rego.

    Bikies…

  • holdenmg on 17/09/2021 - 02:20
    +1

    I really need an MS Paint® diagram… lol

  • Melb69 on 17/09/2021 - 05:02
    +7

    If you have comprehensive you'll just have to fork out excess to get it fixed. Then it will be up the insurance company to chase up. My partner had a reverse in and drive off by a truck driver at the lights once. The insurance company investigated. We gave them the license plate and description of truck. The excess was later reimbursed.

    • Summoner on 17/09/2021 - 05:43
      +3

      Similar thing happened when my family member had an accident at an intersection. It took them a while, but about 8 months after the accident, the insurance company called and refunded the excess back. I was somewhat impressed with the whole process.

      • Melb69 on 17/09/2021 - 06:00
        +1

        Yes I recall as well that it took awhile to process. Had to keep calling to find status.

        • BeamMeUp on 18/09/2021 - 07:07
          +1

          Same here. Similar incident, A casual driver at a removalist. We also pushed the police to lodge an incident. Handed it over to our Insurance company and paid the excess. It took intermittent communication with the insurer asking them where it’s at but a year later the excess was refunded.

  • capslock on 17/09/2021 - 07:15
    +5

    Similar thing happened to me. I called the police. The at fault driver told the police they didn't do it. Nothing the police could do. The circumstancial evidence was strong but was ultimately useless. The at fault driver got away with it. I ended up just paying the excess simply because I couldn't bear looking at the damage anymore to remind me of the injustice.

  • Bob Svargis on 17/09/2021 - 07:38
    +2

    Log an incident with the cops, put in a claim and let the insurance sort it out. You might get a refund on your excess if they get the truckie to accept responsibility. Keep hassling the cops to take action. Try a different police station.

  • Hardlyworkin on 17/09/2021 - 07:56
    +7

    Name and shame the company into forcing the driver to pay. There is some moral responsibility there.

  • OBEY YOUR MASTERS on 17/09/2021 - 08:17
    +1

    Be careful where you park your car. If you park near a construction site with heavy vehicles coming and going all day you're asking for trouble.

  • lew380 on 17/09/2021 - 09:25

    Well you know his name and where he lives… Nah don't go smashing Windows at midnight, that would be irresponsible, just, but illegal.

  • acoma on 17/09/2021 - 09:30
    +2

    Is your car driveable? Follow the truckie. Find out where he lives or what he drives when not in car. Go to town.

    • V-Legion on 17/09/2021 - 13:16

      the impact was/is right above the front driver wheel. so didnt want to risk driving it.
      Its been towed away now

  • bweiss on 17/09/2021 - 10:08

    I would have expected with a construction site, and heavy vehicles reversing into traffic that there would be a requirement for a traffic management worker to supervise the reversing of all vehicles into the main road.
    You should ask for the details of this person, and potentially get their witness statement (or at least provide details to the police for them to do the same).

    You likely want to try to get the construction company on the hook, since they should have been responsible for safely getting heavy vehicles into and out of the worksite.

    Depending on what state you're in there are generally guides for heavy vehicles, which will advise / require the use of a spotter in certain situations.
    https://www.vicroads.vic.gov.au/-/media/files/formsandpublic…

    • V-Legion on 17/09/2021 - 10:25
      +3

      Yes i am already preparing a report to submit to Vic road and the council for the lack of traffic management and pedestrian management on this site.
      To make matters worse, the construction is for a Semi Private School where they are upgrading a section with newer building.

      All the more reason for them to take this serious as they could cause accidents to kids entering and leaving the school.
      I have already submitted a complaint to the FM at this school.

      • MS Paint on 17/09/2021 - 10:37

        Semi Private School

        What is this?

        An expensive school where they train HC/MC truck drivers?

        If so, it looks like they need better teachers.

        • kiitos on 17/09/2021 - 14:51
          +1

          Kenworth Anglican Girls School?

  • sjj89 on 17/09/2021 - 14:10
    +1

    Checked if school has cctv that can see the area?

  • OzHunterNSW on 17/09/2021 - 15:19

    If you have proof, CCTV, witnesses, or have police investigate, you may be ok

  • 2024 on 17/09/2021 - 16:11
    +1

    I'd be surprised if the driver is even licensed, the way the owner told him to leave without providing it.

    • Sneaky1 on 17/09/2021 - 18:04
      +3

      I'd be surprised if the driver has a valid Visa / PR, let alone license.

  • mhz on 17/09/2021 - 16:26
    +1

    Tell your insurer to do what you pay them to do and investigate themselves.
    You have an admission, you have evidence, now hand it over to them and get them to do the rest!

  • adam on 17/09/2021 - 20:16
    +1

    Take them to court. Small claims & claim your insurance excess.

  • Desmond out on 18/09/2021 - 20:00

    Hi r u in Victoria if so contact national panels their lawyers will chase them for u
    All the best message me on messenger
    Desmond D’souza

  • payless69 on 24/09/2021 - 13:00

    Join the communists and walk the opposition into the ocean!

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