In an Accident - Need Suggestion

NoBucks on 09/05/2022 - 20:50
Last edited 23/05/2022 - 16:16 by 1 other user

UPDATE: For the total loss claim the insurance has asked me the rego and CTP copy which they will deduct from the claim and pay me the balance. Is this normal? why would they deduct that? I know I can get it claimed from Service NSW but that was my expense that should be refunded to me if there is no car but I can't understand why insurance would reduce my pay out by that amount?

UPDATE: My insurance called me to say the car is a total loss as the cost of repair is more than the agreed value of the car. They are suggesting now for me to call the other insurance as they may pay me more for the car or even repair it and withdraw my claim from my insurance. I am thinking this is just a way for me to withdraw my claim, as the value of the car I checked online is less than "agreed value" and there is no way I feel the other insurance is going to pay more. At any rate so far they have judged the other party is at fault so his insurance will pay insurance so not sure why they are trying to push me in this direction.

I am leaning towards just telling me to pay me the "agreed value" and take the car away.

Any suggestions welcome.

Hi all,

Expecting your review of the picture that I intend to share with my insurance company to see if that's conveying the story.

Story: I was driving on a street at around 6 pm with a car in front constantly braking and then picking up. About 300 meters later parks on the shoulder without any indication. I continue to drive straight when he decides to make a sudden U turn and smashes my passenger side.

I parked on the side and an older man comes from the side of the road which later turns out to be the father of the 18 year old P plater. Apparently the son had come to pick him up when this happened. The father accepted the son's mistake and said he will share his insurance details in the morning. I took his plate pictures and driving licence picture, he did the same. We exchanged numbers as well. No police involvement as no one was injured. I came home and called up my insurance and lodged a claim. This morning I went to the smash repair referred by my company for a quote. The father called me in the morning to say sorry and ask me if I had lodged a claim and I told him I did. He said he will share his insurance details as well soon which he never did.

I just contacted my insurance to get an update on the progress of the claim and was told that apparently the other party has filed a claim against me and they will need more details from me, like a picture of what had happened. I am no artist but have attempted to make one, please review and let me know if it makes sense. I know now it totally depends on the insurance company to decide who is at fault. But anyway I am doing my best to lay the facts. It would really suck if the other party is able to manipulate the situation.

The image. I am the yellow car at the back.

EDIT: Thanks all for the feedback. As one suggested I have added arrows now. Hope it makes it clearer. I am little disappointed already after reading one of the similar experiences below 3 months on but no outcome so far.

Image

Automotive

Comments

  • zonra on 09/05/2022 - 20:57
    +20

    If the damages reflect the positions in your diagram I don’t see how they can say you’re at fault. Red car was entering the road, they’d need to give way to you.

  • oscargamer on 09/05/2022 - 21:00
    +18

    If what you say is correct, the damage on the vehicles will corroborate your version of events.

  • whatwasherproblem on 09/05/2022 - 21:02
    +3

    I am no artist but have attempted to make one, please review and let me know if it makes sense.

    In terms of comedy it's not a masterpiece like this one is, but that should be fine for the claim I think. Seemed easy enough to understand from the little car diagrams.

  • Ocker on 09/05/2022 - 21:07
    +1

    The position of the damage on each car will determine who was at fault

  • skid on 09/05/2022 - 21:09
    +1

    Less cars more arrows. Or a set of animation frames.

    The other party would have to spin something major to make it your fault. Don't worry.

    • stewy on 09/05/2022 - 23:57
      +2

      +1

      In my opinion a timeline sequence of images would be so much easier to understand.

      When someone hit me in a carpark and then later changed their story to blame me the insurer wanted a diagram. I figured the clearest way was to show a sequence. So I took a snapshot of the car park on Google and described my movements in the lead up and then her movements over probably half a dozen images in a Word doc that I converted to PDF for submission to NRMA. No need to get fancy with images of cars, just two different coloured rectangles and an arrow showing their direction of travel.

      Luckily for me she was couldn't tell a consistent lie and once I submitted the sequence of diagrams to NRMA, I never heard back from them (their initial assessment was that I was not at fault).

  • bobbified on 09/05/2022 - 21:22

    This one's an easy one. There's not that many scenarios where a another car will hit you on the left hand side like that that would make you at fault. Did you get any pictures?

    • NoBucks on 10/05/2022 - 13:48

      I only took the picture of the front of his car which shows just some damage to the driver side bumper, but I missed to take a picture of the side of his car.

  • kerfuffle on 09/05/2022 - 21:30
    +4

    In the same boat as you OP i.e. other party says I'm at fault despite all the evidence pointing out it's his fault (he turned right into my car as I was going straight). So far it's been a month and no word from my insurance. Might hit them up in July as surely three months is long enough to figure it out.

    Hope the outcome works out in your favour!

    • NoBucks on 09/05/2022 - 21:49

      Wow can I ask what has the insurance company done so far or asked you for any diagram etc….hope it gets resolved soon.

      • kerfuffle on 09/05/2022 - 21:59
        +1

        I've provided photos and diagrams. We're both saying the other ran the red light. Car was a write-off and settlement paid, but I had to pay an excess which I'm hoping I'll get back. Haven't heard from them since the settlement was paid out (I'm with NRMA)

        • NoBucks on 09/05/2022 - 22:10

          Not sure if this is a silly question, so did you pay (mean your insurance) pay for the damages to the other car? or did each one has paid for own damage in terms of excess…any other impacts if you buy or have a bought another car like increase in insurance…lastly assuming you did not involve the police do you still get demerit points?

          • kerfuffle on 09/05/2022 - 22:15
            +1

            @NoBucks: I had to pay the excess as the other party disputed my claim (allegedly with same insurance company as I was told by another party who came to see if everyone was OK). Dunno about the other driver; haven't made contact with him since he crashed into my car. Insurance said if I'm found not at fault, they'll refund my excess.

            Police had to be involved because the accident was creating traffic chaos on the highway. Why would you get demerit points? Speed wasn't a factor. I was going straight, he turned right. Into my car. No one was seriously injured.

    • bobbified on 09/05/2022 - 22:12
      +4

      In the same boat as you OP i.e. other party says I'm at fault despite all the evidence pointing out it's his fault

      This is actually really common. I used to be an assessor and about 3/4 of the claims will come in conflicting stories. One party will always end up saying that the other person admitted fault at the time and then changed their story when it came to claim time. Never trust the other party's words on the side of the street. They might go home and their family and friends convince them to change their story or they change their story after realising how much they have to pay. Others just change their story after the initial shock of the accident wears off and they are able to think more clearly again.

      Some of the bigger claims, we'd send out private investigators to take statements. Worst case, if we can't determine who's at fault, we'd go EBO - "Each Bears Own".. so each party pays their own costs (whether they're insured or not).

      Without dashcam footage, the next best thing to do at the time of the accident is to take pictures of the cars in whatever positions they are in at the time before moving the cars aside (if it's safe to do so) and collect as many independent witness details as possible. eg, random people standing on the street.

      • kerfuffle on 09/05/2022 - 22:19
        +7

        Unfortunately I had zero witnesses as they all disappeared.

        I did submit a photo of the other car where it ended up in the middle of the highway after it crashed into me (I lost control of my car, spun around and ended up on the verge facing oncoming traffic).

        The other driver played the bad English card and refused to exchange details twice until the cops showed up and got us to exchange details.

        • bobbified on 09/05/2022 - 22:30

          …until the cops showed up and got us to exchange details.

          Did they create a report? The insurance companies usually go by what the report says in relation to fault because they can rely on it in court. If I remember correctly, a police-reported incident was a P1 and a self-reported one was a P5? (It's been quite a few years for me…. haha)

          • kerfuffle on 09/05/2022 - 22:31
            -1

            @bobbified: Nope. They were useless. All they did was direct traffic and asked us to exchange details.

            • bobbified on 09/05/2022 - 22:32
              +2

              @kerfuffle: You might be able to ask them for a statement if you know what station they're from? Let the insurer know that there were cops that arrived on scene and they may be able to assist if required.

              • kerfuffle on 09/05/2022 - 22:34

                @bobbified: Nope, no idea. Didn't give a card or anything. As I said, useless.

                • bobbified on 09/05/2022 - 22:37
                  +2

                  @kerfuffle: For next time (I hope there is no next time!), you can ask them too. They've got name tags and their vehicle has their call-sign on it.

                  Like most people, they hate doing paperwork so they'll avoid doing it if they can!

                  • kerfuffle on 09/05/2022 - 22:39
                    +1

                    @bobbified: Well hopefully there is no next time because I'll have a dashcam ha!

                    • Caped Baldy on 10/05/2022 - 09:22

                      @kerfuffle: Surprised you didn't already have one

                      • kerfuffle on 10/05/2022 - 10:04
                        +1

                        @Caped Baldy: Didn't want my crappy driving to be recorded ahaha but yeah getting front and rear when I get my new car.

                    • lgacb08 on 10/05/2022 - 09:27
                      +4

                      @kerfuffle: Make sure it is properly powered, in my years of having a dashcam I for one only saw one worthy incident in front of my eye but pissed myself off because the cigi plug wasn't pushed in properly.

      • NoBucks on 09/05/2022 - 22:21

        I do have a security guard of a construction site who saw everything but unsure if he wants to get involved , I am going back there tomorrow to see if they may have a camera and be willing to share footage…(its a big apartment complex so I doubt they'd be interested to talk to me or to go through the hassle to share the footage)

        • bobbified on 09/05/2022 - 22:24
          +2

          ..but unsure if he wants to get involved

          You can ask him and whether he's willing to provide his details to the insurance company as a witness. I imagine most days would be quite uneventful for him so this might be something a little different for him that he might not mind. The only way to know is to ask.

          Sometimes the other party, knowing that there's an independent witness, will provide a "more accurate version of events". haha

        • Caped Baldy on 10/05/2022 - 09:23
          +1

          Why wouldn't he?

          Ask him to provide a stat dec and ask him if he likes sweets and get him something nice if he agrees.

  • Davo1111 on 09/05/2022 - 22:10
    +3

    trying it on, let insurance sort it.

    You've told them what happened, nothing can change it.

  • djkelly69 on 09/05/2022 - 22:25
    +7

    Pretty sure a car doing a u-turn has to give way to all traffic. Assuming damage reflects the image given, seems pretty cut and dried.

  • Shadowsfury on 09/05/2022 - 22:41

    Assuming OP gets found to be right is there any consequence to the other party? Will they have their name tarnished for any future insurance?

    If not then why wouldn't you try your luck with claiming other party at fault.

  • Domicron on 09/05/2022 - 23:09

    Insurance company should ask for statutory declaration of the event's occurrence from both side. Hope it will deter some from lying.

    Those low lifes ruin it for everyone.

  • Mokr on 09/05/2022 - 23:10

    Big insurance companies don't want to pay out if they have to. You are fine.

    Evidence is in your favour. Someone backing into you though and you could get the blame.

  • andresampras on 09/05/2022 - 23:32
    +5

    Get dashcams, everyone!

    • BewareOfThe Dog on 10/05/2022 - 00:16

      Yes, a dashcam with working memory card, would have stopped his story from being manipulated.
      It's like that episode of the Brady bunch when that guy faked a neck injury.

      • NoBucks on 10/05/2022 - 07:05

        Kept putting it off …will need to get one now…any recommendations …something not too expensive :)

        • ozprash on 10/05/2022 - 10:49
          +2

          Viofo A129 Duo for front and rear coverage. Got one from the deals posted here for around $190 incl the cpl filter and pretty happy. 3 of my friends picked it up as well seeing the footage clarity. Ensure you buy the cpl filter to reduce glare.

          • NoBucks on 10/05/2022 - 10:52

            @ozprash: thanks, do they need to be professionally installed, and how are they at capturing licence plates at night time

            • ozprash on 10/05/2022 - 16:21
              +2

              @NoBucks: I did mine myself, took about 45 minutes following a Youtube video. Biggest task was hiding the wires under the trim, but once I got the hang of it, went through smoothly. Perfectly readable plates at night, you can check some of the YT reviews for sample videos.

  • Richardc on 10/05/2022 - 02:59

    Do you have the son's detail?

    • NoBucks on 10/05/2022 - 07:04

      Yes I do, in fact first the father wanted to give his licence details, I was like but your son was driving. I should have known. What angers me most is he could have killed us if the speed would have been higher and we ended up in other lane, luckily it was Sunday and no oncoming traffic else if could have turned out quiet different for us.

      • Richardc on 10/05/2022 - 10:39

        Likely he's the owner of the car, trying to not let the insurance know that his son was the driver at the time. If his insurance rejected his claim because of this, things may get very messy on him. But without dashcam footage(you better install one from now on), this might end up each party repair their damage, good luck.

  • bweiss on 10/05/2022 - 07:52
    +5

    I haven't read the other comments.
    But my suggestion is ditch all other statements / images apart from the portion where they pulled out from the curb and collided with your car.
    This is also what the damage will (should) show.

    Anything else is unnecessary and starts to muddy the waters around blame.

    Your insurance company are not your friend, if you tell them a long story, they're not listening to take your side, they're listening to see if you say something that they can use to decline your claim. The opposing insurance company will do exactly the same.

    Based on the superfluous statements you've made, if I was the young guy the claim I'd make is that you were tailgating incredibly closely, and that's why he was braking etc frequently, to try to get you to stop tailgating… your tailgating got him so nervous that he tried to pull over, but then realised it was a no parking area so didn't pull in, but you had already tried to overtake across a solid line which he had not noticed. The collision happened because: a) you were tailgating and b) you overtook across a solid white line in an illegal manoeuvre.

    Your mspaint shows a dotted yellow line, but also an incredibly wide lane. Seems not to scale.
    Make the image align with reality in regards to the road (what style of centre-line was it, how wide is the road compared to the car, etc) and just show the final result.
    You were legally within the lane, and he illegally pulled out from the curb without checking.

    • kiitos on 10/05/2022 - 09:20
      +1

      Yes I agree, another reason he was braking could be that he was trying to find where his father was, and they could say you were aware of his erratic driving and should have been more cautious overtaking or something.

      • NoBucks on 10/05/2022 - 09:29

        Yep that was the reason he was distracted to look for his father standing on other side of road in the dark.

  • Some Human on 10/05/2022 - 11:32
    +1

    I'm just here to compliment your MS paint image. It's beautiful.

  • Darayus on 10/05/2022 - 11:42

    Very simple whose nose hit and if you have been hit from side then it means that the other party is at fault.

    • kmwa on 10/05/2022 - 12:52

      Even simpler, a vehicle making a u-turn must give way to others.

  • elgrande on 10/05/2022 - 12:43

    So you were driving a Taxi?

    • NoBucks on 10/05/2022 - 12:47

      huh! No what makes you think that? and does it matter

      • elgrande on 10/05/2022 - 14:22
        +3

        Your MS Paint diagram clearly shows you driving a yellow taxi..

        • NoBucks on 10/05/2022 - 14:40

          Nice one :) you have an art

  • stumo on 18/05/2022 - 09:58
    +1

    I had this same scenario. Except we were the "other" car. Wife was indicating and turning right from the centre of a narrow street. Oldmate came flying past overtaking her from behind as she turned. Bang!

    Oldmate then changed her story to her insurer to say that we were doing a U-turn from the side of the street.

    Oldmate didn't know we had a dashcam - case closed. There should be some kind of fine or charge for deliberately lying like that, fraud or something.

    Also your insurer is right about the agreed value and going directly to the perps insurance. There is no scam here they are doing you a favour. It would take you 10mis on the phone to the perps insurer and you could end up with an extra grand. The perps insurer has to "make you whole" by law. Your insurer just has to pay out to the terms of YOUR policy. Its well worth a shot given the current market.

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