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'Fraid you're right about that mate :( if you go in the gay way you're pretty much tits up, to use the vernacular
The only good thing you might have going for you is the cop involvement, but its a faint hope coz basically the law says the rear-ender is, with rare exception, the at-fault party .. 'failure to maintain a proper distance' 'negligent driving' blah blah bla
Hate to repeat it Slick but I remember posting to Blue Supra about my opinions on the perils of carrying no insurance .. not long before he had his calamity. Even bomb insurance is better than no coverage but choosing to own a car (especially for everyday suburban driving) that is uninsured - either through high premiums for that model or simply uninsurable because of too many modifications - usually means you're odds-on in the long run to lose a big chunk out of your wallet :(
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i had 3rd party insurance, just my own arse wasnt covered :(
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Same with me - although the good part is my car isn't worth squat so if i do get into a bungle it's not going to cost me too much.
I am mildly concerned with the Polyfilla i found in the wheelarch a while back though :p
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Its a pity the other party left before the police arrived. Although there was no injury, I'm not sure about the legality of the other party leaving the scene of an accident before the police arrived.
You may be caught out on a legal technicality - it is in 99/100 cases regarded as the fault of the rear-ender. But I'm not sure that lane-changing without looking comes under the rear-ender catagory.
I thought you said the damage to the other car wasn't too bad?
Not sure what your legal options are - there would be some. Are there any Australian lawyers on this site who know enough to advise?
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[QUOTE=nota]'Fraid you're right about that mate :( if you go in the gay way you're pretty much tits up, to use the vernacular
The only good thing you might have going for you is the cop involvement, but its a faint hope coz basically the law says the rear-ender is, with rare exception, the at-fault party .. 'failure to maintain a proper distance' 'negligent driving' blah blah bla
Hate to repeat it Slick but I remember posting to Blue Supra about my opinions on the perils of carrying no insurance .. not long before he had his calamity. Even bomb insurance is better than no coverage but choosing to own a car (especially for everyday suburban driving) that is uninsured - either through high premiums for that model or simply uninsurable because of too many modifications - usually means you're odds-on in the long run to lose a big chunk out of your wallet :([/QUOTE]
You will laugh at this, But i think i should top myself for saying it, I once said i didn't need insurance because the only way i would get into a accident was if the other car hit me and come from nowhere:eek:.
The cheapest insurance for me is $830 a year, If i was living in shepperton it's half that.
And i know by the mods i have done and plan too do i'm up shit creek.
[QUOTE=Blue Supra]i had 3rd party insurance, just my own arse wasnt covered :([/QUOTE]
So 3rd party covers you for the damage done too another not too you?.
[QUOTE=motorsportnerd]Its a pity the other party left before the police arrived. Although there was no injury, I'm not sure about the legality of the other party leaving the scene of an accident before the police arrived.
You may be caught out on a legal technicality - it is in 99/100 cases regarded as the fault of the rear-ender. But I'm not sure that lane-changing without looking comes under the rear-ender catagory.
I thought you said the damage to the other car wasn't too bad?
Not sure what your legal options are - there would be some. Are there any Australian lawyers on this site who know enough to advise?[/QUOTE]
I'm 99% sure that very car passed me when i was getting the bus from holden after grabbing some parts. And what it looked like was some broken reflectors, It's mainly rear bumper if anything cause i missed most of the car went more under it.
They asked me what the damage was too my car i told them whilst they drove off too where ever they were going i bumped cracked and bounced my broken car straight home.
I was told today i am my own worst enemy, I think too many cars in front and behind and judge what I'm doing on the move very fast not just what's in front, But I'm told that's good too not just think of the car in front but also think of the unpredictability of drivers.
And right now as i drive i find myself thinking too much of the car in the left lane i'm passing with fear of it pulling into my lane.
A case of 3 lanes right lane was free left and far left had cars 15 long, I was in the right lane going down a car pulled out infront of me i shit. As it felt like the accident.
Today i went too the same spot i had the accident and was shocked too see 2 new fresh skids marks on the same section of road, But this was more from the left lane into the right lane. Mine were all in the right lane.
I have been thinking of contacting a insurance company and seeing if i'm lucky enough too get some advice, I'm with Auto Assist but they are as usfull as tits on a bull, Hire car accommodation fuel legal advice towing nothing they can help me with they said:(. I'm paying for that again.
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[QUOTE=SlickHolden]You will laugh at this, But i think i should top myself for saying it, I once said i didn't need insurance because the only way i would get into a accident was if the other car hit me and come from nowhere:eek:.
The cheapest insurance for me is $830 a year, If i was living in shepperton it's half that.
And i know by the mods i have done and plan too do i'm up shit creek.
[/QUOTE]
I do remember you writing that!
For many years I chose to not insure, or more accurately tried to self-insure as I felt I had sufficient funds to cover most 'eventualities' ;) But smash repairs started increasing in cost (up to $500 for one lousy tail light eg) so when I did start insuring, rather than pay through the nose for comprehensive (as I had no established no-claim discount) I began with bomb insurance (3rd Party) which is really quite cheap. The mob I was with offered yearly no-claim discounts even when on 3rd Party and I stuck with this until I had almost reached max no-claim, which more than halved the original premium quote! From then on it's been comprehensive all the way, and sharing the road with brand new Rolls Royces or Lambos now holds no fear mate - no hassles, no worries. Bring it ON! :D
[quote]So 3rd party covers you for the damage done too another not too you?.[/quote]
Yes, and the 3rd Party premiums can be pretty reasonable if you shop around. Maybe try the 'insurer of last resort' which for you is probably the RACV, who might also offer a decent rate - it could only be a coupla hundred for wallet-protection AND peace of mind
[i](sorry Blue about my error)[/i]
[quote]
I was told today i am my own worst enemy, I think too many cars in front and behind and judge what I'm doing on the move very fast not just what's in front, But I'm told that's good too not just think of the car in front but also think of the unpredictability of drivers.
And right now as i drive i find myself thinking too much of the car in the left lane i'm passing with fear of it pulling into my lane.[/quote]
Regular scanning beyond the car immediately in front is good driving practice as far as I'm concerned. Driving in congested cities is an unpredictable lottery (driving in crowded Sydney or Melbourne fazes me out) but you can only try to concentrate, be defensive and do the best you can :cool:
[i](hope all of my above comes across as well meaning advice, not 'superior preaching' Slick. like most other drivers you'll get insured one day, and probably need it again, so why not make the move earlier rather than afterwards?)[/i] :)
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I only run 3rd party, fire and theft on the Saab - but only because the comprehensive cost was ~50% replacement cost.
If there was more than $500 damage then it was illegal for the other party to leave the scene before the police arrived. Not sure sure if this will help in your fight with the insurance company, but I hope it might.
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Please guys help me with something here, I know the girl driving the car didn't own the car it's her dads car.
But on the paper work that AAMI sent me it has someone else's name on it i'm thinking her dad's. Nowhere does it say her name in anything at all.
And on one of the papers it does say third party. Someone told me too stick too my guns and just tell them what happen, In the end they tell me if i admit too it then i'll pay it, If i say the truth I'm not at fault because i was given no time too stop avoid the accident etc etc then they will just say go your own way and fix your damage. I'm sure my damage is more then 3 times there's anyway.
I got this graph i need too show them where the cars were and other cars on the road and the place of impact.
They asked a question it said are you at fault for anything.. I said yes i am, I'm at fault for thinking everyone driving on the road checks there mirrors before they move lanes:p.
But too be honest they don't give you much space too rite things in.
I can see i'll be paying for my damage anyway, My brother said too me go out and when someone is up your rear slam the brakes on because the law is against people hitting up the rear. Even when clearly not at fault.
I'll think I'll look into 3rd party it's around $280 per year lump sum.
Now i'm just waiting for my brother too get home and settle back down and i'll get the car fixed. My panel beater told me he will need the car for 3 days, He first needs too tow it too the rack place which will take 8 hours, He said that is the most expensive part because he doesn't have one:(.
I been thinking about doing a VR-VS front now i have seen some pic's and have been shocked too see a VR with the bumper removed at how identical the fronts are underneath, I'm pretty sure it can be done. I have seen it done.
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if youve seen it done then it can be done. Anythings possible, just gotta have the $$$ to make it happen. Would be pretty cool.
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My brothers mate has a VN Calais V6, This guy bought it for a run around and too work, He's almost done with it and will give it too a mate for $500, At first my brother was talking about me getting it, Then he said he might grab it for the miss's for a run around car. Then he says i can get you a VS shell no interior soon from a mate at the auction, I really only need the front but i wouldn't mind the engine:D.
I'd love too have a guard and bumper around too try it out and see. Some people say it's as easy as changing and swapping over. They do look much better front on the VR-VS then the VP front. But i don't mind the VP rear it's ok.
With his car he is talking big now, He wants XR or F6 kit with 19" GT-P rims XR8 bulge and Typhoon engine.
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[QUOTE=SlickHolden] In the end they tell me if i admit too it then i'll pay it, If i say the truth I'm not at fault because i was given no time too stop avoid the accident etc etc then they will just say go your own way and fix your damage. I'm sure my damage is more then 3 times there's anyway.
I got this graph i need too show them where the cars were and other cars on the road and the place of impact.
They asked a question it said are you at fault for anything.. I said yes i am, I'm at fault for thinking everyone driving on the road checks there mirrors before they move lanes:p.
But too be honest they don't give you much space too rite things in.
[/QUOTE]
Never admit to it. And if you're not at fault, it implies the other driver obviously is. So they should bloody well pay [u]your[/u] expenses - that would be my angle of attack, at least try hard for it. At the least you have to create doubt. Type up a foolscap page of details (try to word it well & make it look all professional) and staple it onto the form. Keep a copy of [u]everything[/u]
Your best hope might be to pursue the angle that:
Her 'dangerous lane change' through her 'careless driving' was the sole reason for, and cause of, the collision. I am the innocent party, totally. And the reason she wasn't able to be charged (yet) is because, although I did call the cops, she (illegally?) pissed of from the scene before they arrived
You have to create some ammo of your own to fire back, to support your innocence and engender doubt as to [u]her[/u] culpability. This stuff will look good on the form - AND in court. Insurance companies are sometimes willing to accede to a dubious claim, if their defence costs look like they may exceed the claim. Maybe it might help your cause if you go to the cops and repeat what happened. Ask the pigs if you can lodge some sort of formal complaint about her negligent driving (as her actions caused a crash) and perhaps request if she can still be charged? At worst, maybe 'abandoning the scene' of the stack?
Even if nothing goes through, at least you CAN later truthfully attest that you have officially made a complaint to the police about the incident
I'm no lawyer, so please run this by others before you go ahead. Good luck
Talk to these guys [url]http://www.communitylaw.org.au/footscray/[/url]
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Nota your a legend:) Thanks for that, That is exactly what i was i need of some good legal advice.
I did this for [B]Explain how the accident happen[/B]..
[QUOTE]I was travling down in the right lane doing 80kp/h. I seen a slower truck in the left lane going very slow as it was towing cars i belive, As i got closer i notice a 4WD behind it and it pulled from behind the truck the left lane straight in front of me in the right lane, My first and only thought was too brake hard because that was the only option at hand, Truck in the left lane or a u-turn section with 2 cars in it. The Car i hit was travling way under the speed limit which i was doing, This is a 80 kp/h zone, The car was doing less then half easy, The driver of the vechile i hit didn't argue this when i said it too them,
I knew i coudlnt avoid hitting this car there was no place too go i was left with no options no room no respect too distance it was unavoidable thanks too this driver. The driver gave me no respect when pulling from the left lane into my right lane,[/QUOTE]
[B]What fault was there by you?[/B]
[QUOTE]Trusting that other drivers use all there mirrors when changing lanes.[/QUOTE]
[B]What fault was there by our client?.[/B]
[QUOTE]Your client changed lanes doing half the speed limit and was not checking the right hand mirror first.[/QUOTE]
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Slick if I were in your position I would advise you to do a couple of things before you fill in that form, or send it off
Use a pad to write down (or type) all you truthfully remember about the collision, especially everything that she did to cause it, and every detail which puts her in a bad light. Affirm that you are NOT at fault and emphasise that you were driving safely and WITHIN the speed limit. Explain why she IS at-fault; why her dangerous actions (her shit lane-change) was the sole cause for the collision, and why HER negligence made this collision UNAVOIDABLE for you. Definately include any detrimental verbal admissions from her (exact quotes if you can remember) including the very low speed she was doing (30-40km/h) and not checking mirrors etc. Do mention her 30-minute failure to supply you with her personal details. And that she left the scene before police attendance. If it takes a few pages then so be it. Date it and sign with witness, and make a copy to keep
Find out if this level of $$ damage legally requires her to stay at the scene until police attend. if so, bring that to the attention of the cops, and try lodging a complaint about her driving
Pick up a few Statutory Declaration forms (the blue ones) which are available from most newsagents. Find a Justice of the Peace (phone book) in your area, and request their kind assistance in concisely transcribing your written record of the event down onto a Stat Dec. Make sure everything written down is honest & factual - but accented towards your advantage (never hers) if you get my drift. If this particular JP isn't so helpful, find another one! In my experience the average JP is usually very obliging and fair-minded. And if you're unhappy with the result, then try again using the legal-aid person
Make an appointment on Monday with that legal-aid mob. Explain your personal circumstances to them - I expect their advice should be free to you. Bring your Stat Dec and all your paperwork (including from AAMI) when you lob up to the lawyer. They will tell you (far better than I ever could) exactly what your rights, obligations and chances are
Slick of course AAMI will try to blame you - it is in their interest to do so. But their judgment is NOT a legal ruling, it is merely their opinion. Don't be psyched out. You seem certain that she was the at-fault party, and ****ed your car. If she was the cause then why isn't she (and AAMI) paying out for the VeePee? And don't underestimate that the CRV might have unseen damage, or the cost to fix it, or AAMI trying to make you fork out for that too
For example: [QUOTE][b]What fault was there by you?[/b][/QUOTE]
None whatsoever. I was driving safely with due care and at legal speed
[QUOTE]What fault was there by our client?.[/QUOTE]
Negligent, sudden & dangerous lane-change without due care at very low speed (30-40km/h) into an 75-80km/h traffic flow. Your client was solely to blame as her at-fault actions made a collision unavoidable
Doing all this might seem hard yakka and brings no guarantee of a win but you never know, it could work out ok and maybe save you thousands. Btw was your car in fully RWC condition - including the mods? You should be making arrangements now to get a (free-of-charge) repair quote for the VP, to hit her insurers with it. If there is doubt about your RWC, can you avoid AAMI assessors if possible?
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Your good:) I like all that stuff you said i might need too call AAMI for another copy of the fourm:( I knew i should have waited.
Yes the VeePee:D was in RWC condition the only question might be on DB's on exhaust loudness but that would be close, Ride height i think is fine it's only on superlows kings springs, All lights and things work, Just had the front brakes done also but that didnt help:), I would be very confident it's 100%, Right now even smashed the only problem i have is no horn:eek: and i can't work out why because it was damaged it missed it by heaps.
I probably have one of the only models out of the VN-VP cars that's got everything working lights etc even door locks no problems, My taillights are even red and almost every VN-VP i have seen has white brakes lights faded something bad.
AAMI told me they would have my car towed away too be assed, I told them no i have a panel beater that will come too me, Or spot on panels is only around the corner they can quote me, And i know this bloke and how he works he will hike it up massive. I went too him when a guy hit the rear bumper, He said $3000 of damage i went WTF!, He said we don't **** around with people that wont pay if they get smart we get heavy and double the price. I don't want too be on the bad side of them.
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Don't kill me i havent cashed up anything on the accident side yet:eek: Must admit too not getting time at the moment too get too it.
But when i get home later at night i have found a VP car bra that will come in handy. I also might have the funds sooner then expected too do the car right perfect 100% and be very happy with it..
Also my brother and i have been discussing the chance of me getting a VN Calais off his mate soon for $500. I hate VN's that's the truth even if the VP can turn into one it's by far the better of the 2 by a mile.
Anyway it's similar too my colour but lighter. And my brother tells me we should transfer all thats good on my car into that. The guy that owns it all he used it for was too work and back. And he will give it too a mate cheap.
So if we swap all that's good on my car that will take some time, As it might be one of the only fully working cars of it's time:p.. Minus A/C:mad:..
I'm happy with the engine it's strong but high KM's it's got some issues with inlet manifold leaking and right header is in need of a change with a rocker cover gasket, But it's a great engine.. Tranny is new tailshaft suspension brakes radiator door locks immobilizer wheels, It's going too be a large job.
And i also just got new headlights and they don't go onto VN's. My taillights and garnish are VP Calais are are red not white as 99% of these models i have seen.. It's a big job i don't know if i can be bothered doing it. I would want it a VP not a VN.
But also i have got my next car in mind, And it's got too be in consideration as cheap enough too get a hold of i believe, With some heavy savings and good timing i believe i can get one, It's only going too be a VT but i have plans for it:D.. I found out last week i can kit the VT with a Specially made Z series body kit...------> Like? [IMG]http://picsorban.com/upload/ecd9_1.jpg[/IMG]
And at $700 i think it's a bargain.
But if it's only 3rd party i think i'll be getting Insurance soon:D
Cheapest is badget direct $880 i think on $450 excess.. But it's on market value. Agreed value $4000-$5000 Shannon's is $1350. For full cover.