Advice on accident situation

guyph_01 · Post by **guyph_01** » Sat Sep 25, 2010 2:19 am

Hi guys,

Ok so the other day, going to get some CC dry for Paul I was in a small accident with a Toyota corolla. Lol!

Basically we reversed into each other as diagram shows.
We both had started to reverse out of our bays and bam!!!!(see diagram:P) I'm the blue car

If she was in her spot and not moving, then yes it would be 100% my fault, but she was moving out too!!

When I looked at the damage my car had nothing:). Her car however had a broken tail light and two small dent on the bumper that's easily fixed by a second hand tail light, some heat on the plastic bumper and some paint.

Since I know a good friendly cheap panel beater I told her that i'll get her car fixed and we agreed that we were not going to go through the insurance.
So I gave her my details and I took hers and got her to go the the panel beater.

The panel beater told me that it would be an easy fix and that she also wanted to fix the other side. She a P plater and had covered the car with dents and marks.

A few days later when i was a uni, i didn't answer my phone and got a voicemail form and insurance telling me that there was a claim and that they will send me the bill. I tryed calling her but no answer, I called a million times during the next few days and nothing. Pretty sure someone told her to do and insurance job and she will get a new bumper etc etc as we all know and that she will get the other side fixed free!!!.

So now I can't contact the insurance as it was a private number that called and she isn't answering.

My question is, How do I know if I'm at fault? is it 50-50 in a parking lot?
Oh and I didn't have insurance on my car:S
I will be happy to pay if I'm proven wrong and to be the one at fault, but I don't think that its fair in this case and that I'm 100% at fault here. I could be wrong. What do you guys think, suggest? What can I do?

Thx

RSR 555 · Post by **RSR 555** » Sat Sep 25, 2010 2:54 am

Guy.. did you say anything at the scene to the affect of "yes it's my fault and I'll pay to fix it?" if so then yes you'll need to but if you didn't then let the insurance company bill you and then when it comes through call (or better still write them a letter and reg-post it) them and say it wasn't your fault and you refuse to pay. As from your diagram, I can see that you had already pulled out of your parking bay and if she started afterwards then she is at fault for not waiting for you.

Haymaker · Post by **Haymaker** » Sat Sep 25, 2010 3:35 am

Dont know about WA but in NSW this would meet the criteria of a minor accident ie: no vehicle towed, no person injured, owners swapped details, no person apparantly drunk at time which equals no police involvement. Both owners would be left to fix their own damage. depending on what they have been told the insurance probably thinks your at fault. If any thing both of you are equally at fault for not reverse safely. I wouldn't pay for anything for her. Try calling the insurance mob again and let them know you wont be paying anything otherwise I guess you wait for a bill in the mail and then send them a very polite nicely worded letter in reply saying that as you were not at fault they can recover any costs from her.

sven '2' · Post by **sven '2'** » Sat Sep 25, 2010 8:46 am

She has the right to do whatever she wants - she has insurance, and why would she use your mate? What is in it for her?

And why don't you have insurance???

For any of bingles that my cars have been I have never contacted the other party. I put it thru my insurance (Shannons), use the repairer of my choice, all to avoid dealing with the other party. Makes life simple!

Pootcrum · Post by **Pootcrum** » Sat Sep 25, 2010 12:19 pm

I would also be in the bin of "You're both at fault". I would have thought as long as no punches thrown nor massive biblical arguments, then you both go your separate ways and fix damages yourselves. You should not be paying to fix all of her other dings.

A few months ago a mate backed into the Brumby with his Pulsar. I was in the Pulsar with him and didn't react in time to pull his handbrake (I knew the ute was behind, he didn't). Anyway, he managed to hit the bullbar on the corner so the Brumby brushed itself off, and the Pulsar had a big ass dent in its bumper. Basically he said "my bad" and we never spoke of it again.

steptoe · Post by **steptoe** » Sat Sep 25, 2010 2:35 pm

deny you admitted any fault, as you were wrong, she has no witness to your non existing words? You both at fault unless one saw the other and thought hee hee. She went to her insurance company something sounds like you did not agree upon. You fix your car let her fiix hers, sounds like she not fix other dings, not likely to do fully pristine repair unless you pay up. Car parks are not roadways either so different laws apply, not a police matter either. Let insurance chase you for all they like, if they cannot leave you contact details..make a claim against her for some not apparent at the time damage for more than her claims worth.

They go like that, blame the other, tell lies to parents, insurers etc, may be in parents name and she not a nominated driver either

Pootcrum · Post by **Pootcrum** » Sat Sep 25, 2010 6:23 pm

steptoe wrote: tell lies to parents, insurers etc, may be in parents name and she not a nominated driver either

That's a very good point actually.

tony · Post by **tony** » Sat Sep 25, 2010 10:26 pm

write to insurance coy. tell them it was the other persons fault as she reversed into you, and you have no intention of paying account.
Also advise them you are seeking quotes for damage to your vehicle. the paint must be scraped somewhere in the area.

as it was in a car park and no one was injured and damages were minor, police are not involved and the normal road rules do not apply. don't go spouting this off to the insurance coy though.
and like others have said, I have very little sympaththy for people who drive around with no insurance, there are 3rd party property insurances available from RAC and SGIO for about $130 a year and saves you all the hassles.
having no insurance is totally stupid, hit the lord mayors rolls royce and you could be paying for it for the rest of your life, and if you have any assets or ever get any assets afterwards they will go after them as well. when my Kia got a slight scrape to the front bumper it cost the other guy $800 and there was no actual damage it was just the cost to remove and replace the bumper and repaint it.

guyph_01 · Post by **guyph_01** » Sun Sep 26, 2010 12:26 am

I have no excuse but the car was not driven daily. Maybe two times every two months. I however am now driving it daily and have organised in getting it insured.

Haymaker · Post by **Haymaker** » Sun Sep 26, 2010 3:15 am

Just for future reference even though it is a carpark the road rules do apply. Under the Australian Road Rules a carpark that is open to and used by the public is considered a road related area. Road Rules apply to roads and road related areas. This includes alot of areas that people wouldn't even think count.

guyph_01 · Post by **guyph_01** » Sun Sep 26, 2010 11:15 am

So i'm I at fault here or not or is it 50/50?

sven '2' · Post by **sven '2'** » Sun Sep 26, 2010 11:31 am

You both are at fault.

If you had insurance, the companies would sort it between themselves, with the customers paying the excess.

So the P plater will pay $200-300 and have her car fixed, regardless of the proportion of blame, doesn't matter to her if it is 100% her fault. She will have her car fixed, and not have to deal with you.

You on the other hand, will have to defend her ins company coming after you, and they will start with the full amt, and work back from there. They have deeper pockets than you, and might take it to court. Depending on your capacity to pay, the sum of the dollars we are talking here, will depend on if they can be bothered and may settle for a agreed lesser sum, if again they can be bothered sorting who-did-what.

And at this point your car it still not repaired! You in turn have to go after her!

In either case, be prepared to shell out dollars. If you are in the Student Union at uni, they may have access to 30min free legal assistance, or a motoring organization such as the RAA (or equivalent) may assist.

Goodluck

tony · Post by **tony** » Sun Sep 26, 2010 5:08 pm

when I got cleaned up in a shopping centre carpark the advice I got was that the normal road rules don't apply, but I had witnesses the other guy was driving dangerously so the insurance sorted it out.
as for guy, the probable best course is to deny fault, maintain that it was she who hit you (from your diagram it certainly appears that way) and she should have taken more care when reversing.
Also advise them that there was preexisting damage to the side of her car that could not have been caused by this incident. don't be specific, leave yourself room to move. and get a quote to respray your bumper so you have a counter offer.
the main thing is it is your word against hers, so there is always some doubt.
if it is only a couple of hundred bucks most likely they won't bother pursuing it, but if they do go and see the public legal aid people will cost about $25, I think they are in Barrack Street, they are in the phone book. see them before you talk to or contact the insurance people.

steptoe · Post by **steptoe** » Sun Sep 26, 2010 7:13 pm

maybe also if you had even the cheapest bomb insurance they would act on their behalf as it is their money going out if you are at fault, and simply advise the other insurer if that was the case that no fault accident you each pay your own repairs - you make no claim there surely would not be an exceess - just a record and she pays for her damage on her car if she so chooses

guyph_01 · Post by **guyph_01** » Sun Sep 26, 2010 9:23 pm

tony wrote: but if they do go and see the public legal aid people will cost about $25, I think they are in Barrack Street, they are in the phone book. see them before you talk to or contact the insurance people.

Do they have a specific name so I can find them in the yellow pages?
I'll try and look at uni if the student guild or something can help me.
Again, Thx for all the info guys.

AlpineRaven · Post by **AlpineRaven** » Mon Sep 27, 2010 9:52 am

In insurance's language - your at fault, (sorry to say that) in real life - both at fault. because you were moving out and you could have looked around you checking out to see if the area is safe before moving.

My wife was in similar situation, she parked the car between two big vans and she reversed out as she couldnt see on-coming cars, an elderly driver came and hit her and he was too slow to react, went thru insurance - my wife was at fault, but the vans were the blame. Stupid really.

No matter what, in my experience doesnt matter how "bad" the bingles were you are BEST off getting thru insurance, even if its $50 lamp damage, it saves headache for later if something goes wrong also you CANNOT trust other party - do you trust everyone?!? no you cant... it hurts doesnt it...
Cheers
AP

tex · Post by **tex** » Fri Oct 22, 2010 4:22 pm

AlpineRaven wrote:In insurance's language - your at fault, (sorry to say that) in real life - both at fault. because you were moving out and you could have looked around you checking out to see if the area is safe before moving.

My wife was in similar situation, she parked the car between two big vans and she reversed out as she couldnt see on-coming cars, an elderly driver came and hit her and he was too slow to react, went thru insurance - my wife was at fault, but the vans were the blame. Stupid really.

No matter what, in my experience doesnt matter how "bad" the bingles were you are BEST off getting thru insurance, even if its $50 lamp damage, it saves headache for later if something goes wrong also you CANNOT trust other party - do you trust everyone?!? no you cant... it hurts doesnt it...
Cheers
AP

Thats the advantage to reverse parking you can see on your way out, Also with practice it becomes easier than nose in parking than nose in parking!
I am agreed on the both at fault part, First thing I would do is go and do a police report because thats what makes these cases much easier also you can ask them for advice while your in there and tell them the whole story, because hers will be different. Let the insurance company contact you as a lot of people ring up posing as them!