Deleting content as is irrelevant now and enough has been discussed. Thanks to those that actually provided helpful tips over not reading the OG post.
Brake Checked - Car Written off
SitarBoy on 23/10/2024 - 14:26
Last edited 24/10/2024 - 18:00
Last edited 24/10/2024 - 18:00
closed Comments
The business wasn’t going to give it at first. We said we can follow the process as much as possible. They ended up giving it to us anyway.
I noticed most drivers tailgate very aggressively and no doubt this is cause of accidental. Inn general most people are kind but once behind the wheel they turned aggressive and some violent too!
Brake checked or not… imagine you're driving behind a "modern" vehicle and it sees a reflection followed by automatically slamming on the brakes (phantom braking).
It doesn't matter if it was actually braking for something or not… if you ram into the back of that car you're at fault.
I always drive with the idea that people will brake check me. If I get into confrontation, I usually back off and give more and more distance.
I maintained speed and distance
Key point.
The other driver may have been a clown but you added to escalation of stupidity. Instead of giving more space or decreased it.
By law you're at "fault".
But I've seen this happen to many times and it's absolutely unbelievable. His rage and ego caused this accident. Not you. They need to seriously change the law on this one.
If you have the resources, try and fight it as much as you can, but at the end of the day you know that you weren't in the wrong.
How people like him sleep at night is beyond me.Unfortunately A-holes are A-holes and I'm sure they sleep well at well at night because they are an A-hole.
I just hope there is some karma in this world.
Thank you. I can’t believe how far people are willing to go just to prove a point (in person and here on Ozb lol)
Your biggest mistake was to post on Ozb looking for advice.
You will get nothing of the sort here. Some are intent on practising for the next stand up comedy and try on their horrible jokes that aren't funny and others will just mock you for your misfortunes.
Best to just be a floater and come here for the deals.Yep never again, lol
Was it worth it to beep your horn at him?
Victim blaming? There's no victims here. Just two people who were meant for each other getting up close and personal by the sounds of it. If you maintained distance (which would be practically impossible to do while maintaining speed if another car merged in front) then you didn't have enough distance to begin with and if you see someone do something silly then it's usually a good idea to put even more distance between you and them before you worry about honking your horn.
I feel your pain though. Brake checking is a dog act. Proving it will be another matter. Mentioning honking your horn probably won't help your argument vis-a-vis liability and insurance because it could be interpreted as you being aggressive and inflammatory. They can always say you tried to prevent them merging, tail gated and honked, which they then interpreted as a hazard, so they stopped and you ran into the back of them in a fit of rage. Unless the accident happened as part of the merge then you had an fairly unambiguous obligation to be able to stop so it will be very hard to avoid liability. Sounds like your friend up front did the math on the risk to his vehicle vs yours and decided to dole out some punishment for the heinous crime of not rolling out the red carpet for them to merge and ultimately you were dragged down to their level and beaten with experience.
Zero point having this discussion
Australians have this awful holier than thou attitude whenever it comes to anything driving related
Useless to discuss
Well 80% of us are better-than-average drivers so it's entirely understandable but I couldn't agree less on the useless part. That's one interpretation but there's the "am I to blame?" aspect as well as the "how could I have avoided this/avoid this for next time?" aspect. People find the second question uncomfortable because it implies the possibility that they could have done something to avoid their misfortune and it's usually more comforting to believe otherwise. There's a lot of rationalising going on in this post.
Unless the replies unequivocally say that others would have done things differently without hindsight then people probably aren't really trying to imply that. OPs experience is a useful reminder that even with righteous indignation on your side you can still come off second best. It's best to keep a cool head. I'm in no way trying to imply that I'm incapable of making the same mistake by saying that. There but for the grace of the Flying Spaghetti Monster etc. etc.
80% of us are better-than-average drivers
I don't think that's how averages & statistics work
I don't think that's how averages & statistics work
No, perhaps not in those commy fields of applied mathematics and statistics but it is how illusory superiority pans out in any beautiful and vibrant society. Last time I checked this is a democracy pal. So who am I to argue maths and logic when 80% say they're better than average?
It's also why I catch the bus to work. I can avoid dealing with so many great drivers making me look bad. It stops me getting self conscious in the presence of such greatness.
The problem is the hypocrisy
Every single driver in Australia has times when they are not "at a safe distance" behind other cars.
If you drive in any city in Australia, this is a daily occurance. I guarantee every single city driver daily drives close to the cars in front, for if there was an instance where the car in front suddenly came to a stop they'd crash into the rear. It's simply the nature of city traffic.
People overestimate their braking ability, and under estimate how quickly a car can stop in front (like if there's a crash in front of you).
Yet
They come on here acting like they're gods angels and it's just so damn insufferable. It's one of the most unappealing traits of Australians. I wish we didn't do it.
Thank you. All these people acting as if they NEVER driven closer to a car in front. I’m not excusing myself one bit. I already know I’m at fault.
@SitarBoy: You were adamant that you weren't too close in this instance so you're holier than thou now right? Definitely in the top 80%.
@Technics: Like Odin said. I was at a distance that I considered to be safe given how many other people were driving and have driven. Could you consider it tailgating. Sure, would other people be driving at a similar distance. Absolutely.
I know my road rules well. Could I have been further back sure. I could have also been 5 car lengths back if I wanted. But like everyone else here. I drove at a distance I deemed safe. And I was wrong.
I overestimated my braking capabilities and had very poor situational awareness and should have done more to avoid the collision. As I already said at the start. I admit to the fault being mine. I am fully aware of it. What I don’t agree with is the brake checking and it being legal for people to get away with putting other people in harms way. Downvote me to oblivion I couldn’t care less.
@SitarBoy: That's fair if you ask me. I think the key thing was the situation where it sounds like there were signs of trouble (admittedly with the benefit of hindsight). It's never fun to have to learn any lesson that way.
Trust me, if the guy with the tow hitch shows up here and asks what he should do about having someone run up the back of his vehicle while brake checking then I'm confident your roasting would look pretty tame in comparison to his.
@Technics: Thank you, who knows I’ve lost hope of making any forum post or seeking advice on Ozb. I knew I was at fault, just sought after advice.
I guess to me tailgating is a lot closer than just 2 seconds. It’s you right up behind them. Which I wasn’t. But hey, apparently people on Ozb know better!
@SitarBoy: It's hard to give the advice you probably want because unfortunately it looks like you're stuck holding the bag here without some miraculous intervention. I wouldn't give up on posting and you actually had insurance before the accident which is admirable by OzB standards and something most people look at after having an accident apparently. We should have some kind of award for that.
Greater than 2 seconds is under ideal conditions and as has been said, nobody does it all the time. There's lots of herd mentality on busy roads. "Hey, if I leave a gap, some jerk will just change lanes and fill it." Then nobody can change lanes or merge without pushing in and pretty soon everyone's a jerk.
I don't know that it's a text book case of tailgating because I wasn't there but ideally your spidey senses should have been tingling soon after dangerous merge and definitely right after middle finger. Hopefully you didn't stay too close out of a sense of indignation but it's seems unusual not to back off in such a situation. It's never a bad thing to see an idiot sail off into the not-your-problem distance even if they're in the wrong.
@Technics: Yes hence the lack of situational awareness and judgement on me. Been a lesson to say the least, an expensive one at that. But I’m unharmed and it’s just a car.
I know for next time not to bother with these fools, or posting on OzBargain either LOL
Australians have this awful holier than thou attitude whenever it comes to anything driving related
What's your view/opinion of the incident as described?
10 odd years ago in QLD a friend rear ended a car after being brake checked. They had dashcam footage so they could prove the car in front unnecessarily braked and caused a traffic hazard. This "overrode" the "not keeping a safe distance rule"
No idea if this is still a thing or a thing in the state you're in
I am not looking to be lectured on my driving or to be told the other driver taught me a lesson.
Its the internet! What did you expect???
Continued going straight (initially indicated right but turned off my indicator to go straight)
- This is the point where I think your emotions kicked in and you tailgated him - why else did you indicate to go right but drive straight?If you were tailgating, it becomes your fault - lap it up and learn your lesson.
The other driver might be a dick, but you did not observe the road rules 'to drive to the conditions' (tram tracks) and to 'keep a safe distance' (need to be able to safely stop any time)
In insurance terms, if you drove into the back of his car and there were no extenuating circumstances, they will assign the blame to you.Looking to get some advice on this situation
- pay the excess
- learn about safe braking distances in all driving conditions
- expect to be down-rated and have higher premiums next year
Make a police report for dangerous driving with witness details. Brake checking is dangerous and could have seriously hurt you or others. It probably won’t help your insurance claim but perhaps this isn’t an isolated incident for the person who did it and it’s better if police have a record of it.
Brake checking goes with tailgating. If a driver always leaves a safe distance, it can never get them.
Police will usually only be interested if someone was injured.I’m not sure about all states but in QLD you can easily make a police report of dangerous driving online. Cops may do nothing, but there’s a record of it occurring either way. Of course OP could implicate themselves but I guess only they know how close they were following.
Lmao at Edit 4. You're not the victim.
Spare a thought for the poor innocent tow hitch… caught in the middle of a reckless road rage incident.🙏😇
Sparing a thought for you who has to sell Qantas passes and gift cards to make ends meet 😂
Poor kids too daddy couldn’t afford a nice TV 😭🤡
Buddy, you're reverting to baseless personal attacks because he made a joke.
You're in the wrong, again.
look elsewhere if you want to audition for a comedian role.
Made a forum post on advice. Not for someone to constantly make joke of a serious situation.
Clearly I’m also in the wrong for expecting some decency from people 🤦♂️
@SitarBoy: So your response to not getting the decency you expect is to personally attack someone based on their perceived earnings and making fun of their apparent inability to make ends meet.
Are you the full quid?
@borrisz0r: Don’t care anymore tbh he’s written multiple jokes throughout the thread and tbh the entire post is a joke atp lol
He’s looking to troll, I can do the same :)
I don't see the point of the post. You're at fault regardless of really anything. You could lawyer up and go after him but…you'll probably still lose and it'll cost you a shitload.
Thought people who would have been in a similar position give some advice on what to do. As per the description. This is a matter for insurance. Not gonna bother lawyering up it’s not worth it.
It’s a car at the end of the day and I learnt an expensive lesson. I already know I’m at fault and knew that before the OzBargain Police arrived to tell me I’m at fault lol.
Also get a car with better brakes and/or AEB
No-one can convince you that you were following too close.
You were.
Evidenced by him slamming his brakes on and you not stopping in time.
(Having an altercation before the incident ought to have made you more wary…. And increased the distance behind even more. Ie. if someone merges unsafely in front of you then you are informed they are unsafe… and you give them more space; ahead).
But like I said; no-one can convince you. You think you are a safe driver.
You just don’t see it.
Look harder.
No-one can convince you that you were following too close.
You were.
Evidenced by him slamming his brakes on and you not stopping in time.
(Having an altercation before the incident ought to have made you more wary…. And increased the distance behind even more. Ie. if someone merges unsafely in front of you then you are informed they are unsafe… and you give them more space; ahead).
But like I said; no-one can convince you. You just don’t see it.
Must be great to be a psychic.
very annoying for you OP, and whether you win or lose the insurance case, at least you shafted the other guy too for awhile ;)
Thanks but his car was barely damaged :(. Guy had zero remorse getting out of the car. Absolute tosser
damn :(
You're 100% at fault. The onus is on you to maintain a safe distance.
It's absolutely clear cut.
Did you read my post, already aware. Thanks for inputting what everyone else had already said. Not the point of the post. Have a great day!
Oh my bad. You came on asking a question for something pretty obvious, so I gave you a quick answer.
Have a great day.
Ah no. Seems like you have struggle with literacy. I didn’t ask to know if I was at fault. Literally says it at the top.
I asked if anyone else had been in a similar position had advice. Not if I was at fault. I’d encourage you to pick up a book every now and then!
@SitarBoy: I handle these things for a living.
Maybe pick up a road rules book, since you don't know the basic rules of the road and can't drive.
Run along now and drive your Uber.
Sorry this happened to you. I have no advice on the questions you asked but — whatever happens, I hope you are able to move on without letting this take up too much mental energy. You'll be a little worse-off financially, but the real victory will be letting this just be a tiny blip and not something that distracts you from living life and being happy. Good luck!
Comments have resorted to personal attacks, thread is closed.
I seriously doubt a random business is going to have given you footage from their cameras… Without dash-cam of the incident it's your word against his, and seeing as you hit him, insurance will likely find you at fault. It also sounds like you changed your mind on which way you were going to go to follow him. Best thing to do in these scenarios is just let them go, be the bigger man and leave it be. Otherwise things like this (or worse) can happen.