Car Incident Being Blamed - What Would You Do?

daowiies on 25/06/2023 - 02:14
Last edited 15/07/2023 - 01:10

Hi Ozb Wisdom,

A story here to remind you to buy a dashcam even if your car it isn't worth much.

I turned right after a guy onto a street, he's completed the turn, I'm half way through my turn, he stops, so I stop after him leaving a 1-2m gap trying to figure out why he's stopped.

He stopped next to an island that splits the road in two, blocking the road entrance, and begins illegally reversing out of the road he just turned into, instead of going further into the road and doing a three point turn like every other driver would.

However, I'm trapped behind him with no where to go. There's no where to go back for me, I can't reverse as there are most likely cars coming up and down the street we both turned off. I honk for him to stop, he doesn't and hits the front of my car with his boot, cracking my front bumper in multiple places. His car is dented in the ute boot .

He is unwilling to do anything until I instruct him to give me his mobile number and drivers' license. Of course all while swearing classily and aggressively asking where the damage is on my car.

He admitted fault at the scene. However, as I get home he calls me and tells me that he will be telling his insurance that I've hit him instead - straight up insurance fraud, we argue a short while on the phone (all recorded) - I reiterate all the facts that has happened and hang up. He calls me back and leaves me a voicemail tauntingly laughing saying that I'll be the one fixing up his car as he's probably realized I didn't have a dashcam and it looks like your standard rear ender.

I've called my insurance ASAP to explain the situation, however I don't have a dashcam so it isn't looking good for me.

I've gone back to the scene and asked all the surrounding houses, there is one house that caught the tip of the front of his car, but it had no audio so I don't have the recording of him admitting fault. The owners of the house did see me exchanging details however.

If I had hit him I would have no trouble paying the insurance and eating up whatever fees are thrown at me, but the blatant lies leave me disgusted - I hope justice is served. I had a passenger with me in the car who witnessed everything, but insurance says they're considered biased and not able to be used.

Due to the time of day, there seems like there were no other witnesses, with most of the other car drivers ignoring the scene and minding their own business.

Please let me know in the comments what you would do.

Update 15Jul2023: Insurance called, they can't figure out who is at fault, I got a refund on the excess paid. Car was repaired and I got a new front bumper.

Automotive

Comments

  • zonra on 25/06/2023 - 02:33
    +1

    there is one house that caught the tip of the front of his car

    Does it show the moment he reversed? That'll be your evidence.

    • daowiies on 25/06/2023 - 02:51

      It does not. Captures him pulled over but not the actual incident.

      • cookie2 on 25/06/2023 - 12:00

        Does it show him stopped where he shouldn't be and then moving back? Id think that'd be evidence in your favour, especially if he had illegally stopped and also reversed. Also have you spoken to the insurance about your recording? I'd go and report it to the police, accident, admitting fault and lying. For someone to be acting like that, maybe their record isnt that perfect.

        • zonra on 25/06/2023 - 12:04

          Sounds like CCTV didn’t cover the crash zone, rather it captured where they pulled over further up the road to exchange details.

  • bobbified on 25/06/2023 - 03:22
    +4

    He admitted fault at the scene. However, as I get home he calls me

    This is much much more common than people think. So many people have no problem lying. If they're 'honest to start with, then their family or friends will probably convince them otherwise when they get home.. I'd say it was about 40% of the claims that landed on my desk had conflicting stories.(This was before dashcams were popular so there'll be be more "undisputable' claims right now because of video).

    So either get yourself a dashcam for next time or be willing to find any independent witnesses at the scene and grab their details (if you did, this will be very helpful to your case).

    Since this guy is screwing you over AND deliberately rubbing it in your face, it might be worthwhile putting some effort into "finding a witness who happened to be there at the time and SAW the guy reverse into your car!".(Note that I said to find a witness - I would never suggest anyone manufacture evidence because that would be ba-ad).

  • follow on 25/06/2023 - 03:57
    +2

    did he admit to anything on the phone call you recorded?

    • Sinnerator on 25/06/2023 - 08:41

      all state have varying laws on when you can record conversations
      most phone voice call recording aps speak a loud msg to all parties that recording has started

    • daowiies on 25/06/2023 - 10:32

      No, it seemed like he knew what he was doing and didn't admit to anything on both the phone call and the voicemail. I only hope the voicemail shows the character of this person to the assessor though.

  • Pelicannn on 25/06/2023 - 06:17
    +6

    Firstly, TL;DR at the bottom.

    Almost this exact scenario happened to me back in April. Car in front was waiting at an intersection of a carpark as a car was coming opposite to us. As that car passes, the car in front starts moving forward in and then started turning right down another part of the carpark. I creep forward, then the car in front suddenly stops, I see reverse lights and I’m like ‘oh shi…’ I beep but it’s too late and they reverse into me as they are trying to park in a spot off to my left. This was basically the last spot next to the intersection. No indicator to turn right initially, no indicator to turn left into the carpark either.

    Here is the carpark and accident location for a visual understanding. Here is the obligatory ms paint diagram. I am the blue car waiting just behind the other party (red car) of the turn to go left or right and remain in the carpark (as opposed to exiting ahead). The yellow car was entering the carpark and blocking the red car’s right turn.

    Clearly I knew and he knew at the time of incident he was at fault because the onus was on them as the reverser to clear their path behind. We exchanged details and insurance providers etc.

    I put in my claim and was assessed automatically as not at fault by the drop down boxes in the form I submitted. A lady also called from Allianz about two days later and confirmed there would be no excess as I was reversed into. About two weeks later, my insurance company calls and says that the other party is saying I’m at fault and they will have to re-apply the excess.

    I was pretty much like… ‘wtf?!’ on the phone. In my head I’m getting so angry at this point and ask exactly how the other party says that I am at fault. I tell the original story again and insurance company says it’s basically common AF for the other party to say it wasn’t their fault and sometimes it’s even the company themselves trying to say their driver wasn’t at fault to avoid paying full costs.

    I didn’t have a dashcam and no witnesses so it was basically my word against theirs.

    Luckily I had one thing on my side… because they had turned to the right and cocked off slightly to reverse into a park, the damage on their car was on the side of their bumper and long parallel scrapes, whereas the damage on my car was smack in the middle of my front bumper and basically a direct hit, with smaller scrapes maybe 10% of the size.

    When the assessor for Allianz looked at the damage of both cars they said it was not possible for me to have caused that damage if I was the one who was moving forward. If that were the case the scrapes on his car would be shorter, and the impact much more direct on his car. So from there they immediately removed my excess from being applied and put me as not at fault.

    I then asked ‘ok but can’t they just keep saying they aren’t at fault…and we keep saying we aren’t at fault… then what happens?’ He said if both parties cannot agree it goes to an external auditor who will make an assessment on behalf of both companies with the pictures of damage etc. he said they’re pretty good at weeding out liars but I guess if it’s a straight reverse into it’s a little bit harder to prove.

    Where to from here for you? I would 100% be saving the recorded conversation (though to be honest unless you said at the start, “this is a recorded conversation, so you consent?” I am pretty sure there might be some legal issues with recording someone without their permission - the voicemail they left gets around that though as they left it on their own accord). I would then just stick to your guns, keep your story consistent, and hopefully the assessor will see the damage and be able to understand what happened. Then do what I am going to do and buy a dashcam.

    Way too many scummy f***ers in this world unfortunately. Good luck!

    TL;DR - similar happened to me. Keep your story straight, external assessor will hopefully work out who was at fault by the damage of both cars. Buy a dashcam!

    • daowiies on 25/06/2023 - 10:41
      +5

      I am genuinely so happy for you that you won this case. It gives me hope having if the assessor can tell the damage between vehicles, because I was totally stationary with enough time to honk. Unlike other at speed accidents, there is no marks on my car at all indicating how it was hit (eg paint lines), just everything is cracked from being stationary, so I hope the assessor sees through this.

      I am also providing almost an essay length description of the events and details, I hope they'll be able to use it all as I have my reservations on what the other side is going to fabricate.

      Thanks so much for your comment though, it has given me lots of hope and insight.

      For everyone else reading - get a dashcam even if you drive a bomb car like me. Never thought I would be in the position where I'd need it since I am a fairly confident driver and am happy to own up to my own mistakes, but there are those out there willing to commit insurance fraud on your name and to get out of paying.

  • Downvoter on 25/06/2023 - 08:07
    -6

    I’m concerned about you recording the phone call

    • randombrick on 25/06/2023 - 08:37
      -1

      Wouldn't the exemption - "it is reasonably necessary for protecting the lawful interests of a party;" - apply here?

      • GordonD on 25/06/2023 - 09:53

        Yes, it would.

    • cookie2 on 25/06/2023 - 12:02

      Why are you concerned?

      • DoctorCalculon on 26/06/2023 - 00:36

        It sounds like they could be the driver of the at fault vehicle. ;-)

  • Mokr on 25/06/2023 - 08:11

    Do you need a reverse dash cam or would just a front dash cam solve most issues.

    What's the cheapest and easiest one to get.

    • coxjon on 25/06/2023 - 08:52
      +1

      Any one dash cam would at least show the direction of travel even if the incident isn't recorded.

  • EightImmortals on 25/06/2023 - 08:58
    +1

    " I get home he calls me and tells me that he will be telling his insurance that I've hit him instead - straight up insurance fraud, we argue a short while on the phone (all recorded) "

    Offer to send that to your insurance company, I'm sure their solicitors will know what to do with it.

    • daowiies on 25/06/2023 - 10:33

      Thanks mate, 100% doing so, gathering everything I can as it's an uphill battle by the sounds of it.

  • Ocker on 25/06/2023 - 09:15
    +3

    Leave a voice mail msge for the other driver saying that you have located a property with security camera of the event which clearly shows them reversing into your car.
    Say that if you get contacted by their insurance company claiming it is your fault, then you will supply the video evidence and they will likely be hit with insurance fraud - a black mark against their name forever.
    Worth a try with nothing to lose at this stage.

    • MondaySleeper on 25/06/2023 - 09:50

      unless that scumbag is here on OZB as well, and reading and preparing for the call. :)

      Best option is to search around the area for a house with a security camera, or a person who would have witnessed it.

      • daowiies on 25/06/2023 - 10:35

        Yes, I have tried all the houses in the area that could've possibly had a view of the incident. Only one house had security footage, it shows our interactions after the incident, but not the incident itself as unfortunately for me, the camera angle was off by a few meters and did not capture any audio.

    • daowiies on 25/06/2023 - 10:36

      At the moment I'm just gathering all the evidence I have, I probably won't bother to make contact with the other driver.

      But I do hope they do mark something against him for future records, as it goes to show the true character of the person he is.

  • JimmyF on 25/06/2023 - 10:47
    +1

    I've called my insurance ASAP to explain the situation, however I don't have a dashcam so it isn't looking good for me.

    What are they saying? Generally the car at fault is the one reversing in this case.

    • daowiies on 25/06/2023 - 11:21

      They're saying just to lodge everything and the assessor will have to decide, because the other party has now started lying and said I've ran into the back of them instead.

      Somehow, that was managed by a stationary vehicle, but hopefully the way the damage was done to the cars will alert the assessor to what's going on.

      • JimmyF on 25/06/2023 - 12:17
        +1

        because the other party has now started lying and said I've ran into the back of them instead.

        The assessor will look at both cars for damage and work out the angles etc.

        Plus who's story is correct, aka why was ute stopped in the middle of the road at a strange angle to hit yours like that etc.

        Did you get some pictures? Always get pictures before you move the cars for this reason! It helps tell a story.

        • daowiies on 25/06/2023 - 13:07

          Will have to be relying on the assessor in this case.

          I also want to know why he stopped and started reversing, he ignored the question got aggressive and then started asking me questions.

          Got some pictures, but only after he moved off to see the damage unfortunately.

        • Euphemistic on 25/06/2023 - 14:01

          The assessor will look at both cars for damage and work out the angles etc.

          Pretty hard to prove who was moving in a relatively low speed nose to tail hit.

  • Ocker on 25/06/2023 - 11:53
    +2

    I reckon the assessor could judge who hit who by the height of the damage to your front bumper

  • Pelicannn on 10/07/2023 - 15:59
    +1

    Hey mate,

    What’s the outcome of this? Still battling?

    • daowiies on 10/07/2023 - 18:15

      Car is repaired and paid excess for now, insurance is to give me an update on liability tomorrow. I'll update once there's an outcome.

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