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Had a car incident, strange situation need some advice!

Started by keoghz · 27 Nov 2011 · 42 replies

Preserved from CalaisTurbo (partial recovery). Original authors and dates are shown; archived members are not current Holdcom accounts. View original archive ↗

keoghzArchived member
Hey guys had a car incident on friday morning and my car was damaged, i maintain it wasnt my fault just need some advice on my situation (this is not the place to have a go at me, so please dont) Okay situation is was driving my gf to work friday morning i was doing the speed limit (50km/h) as i approached a t-intersection and i was the flowing traffic as i was just about to enter the intersection someone pulled out when they werent supposed to to make a right hand turn in the process this person fully blocked my lane and out of instinct i swerved my car to evade, i hit the brakes ended up on the median and hit a tree (lightly) i didnt come into contact or damage the other persons car i got the other persons details and i didnt call police to the scene because i thought it was alright and they would simply make an insurance claim and my car would be repaired turns out this womans husband has said hes not making any insurance claim and she isnt at fault and has told me to get ****ed (he claims i must have been speeding but i wasnt (honestly) and is saying im some c*** p-plater where it was actually his stupid wife that cant drive) Ive been to the police but they wont get involved because now its a civil manner Should i follow it up or let it go? (damage is bonnet, front bar, headlight, foglight, quarter pannel, front rio, possibly more on my vs calais s2) Need help Some original photos have not been recovered yet.
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Duke57TTArchived member
I take it you don't have insurance? Otherwise you would have dumped it in their lap and let them do their job. Do you have any witnesses? You need legal advice not internet advice. Sometimes a letter from a solicitor is enough to get them playing ball, other times they will draw it out and it will cost you more than it would be to fix.
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VL_NickArchived member
a mate of mine was in a very similar situation where he had to swerve to avoid an oncoming car which had veered into his lane. mounted the gutter damaging suspension. as he didnt make any contact with the other car it was considered a single car accident and the other driver was not held liable (the other car actually hit the car behind my mates).
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keoghzArchived member
yeah mate times like these u wish (last time i had an accident my insurance company wanted to just right my car off and give me nothing for it so i just told em to get stuffed haha) my gf was in the car so thats all and there were people everywhere but they all claimed they didnt see **** useless bunch yeah legal advice is probably my only option at this stage then i guess, and then just try and spook them into paying and getting it over and done with stupid bitch, just reliving it over and over again and wishing i didnt see her and just went through her car door, might have taught her a valuable lesson instead of giving me a life lesson abt paying for insurance, ffs Some original photos have not been recovered yet.
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12maneymArchived member
my brother tried to avoid being sideswiped by a driver who moved over the white line(on a two lane road) it was wet and he hit the the median at 50ks(was just after a set of lights), bounced off the median and into two parked cars. hes not a P plater but of course they saw a vl with 19s and an intercooler and assumed he was "hooning". he told the police what had happened and he stil hasnt heard of anything and that was the 6th october.
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aus880Archived member
sorry but your explanation of what happened is so poor I can't work out the story Quote: as i approached a t-intersection and i was the flowing traffic ?? pls draw a diagram so we can get the facts and also explain what you mean by Quote: I was the flowing traffic Quote: someone pulled out when they werent supposed to to make a right hand turn why weren't they? signs?? p.s. you ask for advice re who is right but then call the other driver a Quote: stupid bitch that hardly helps things or shows any sense
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keoghzArchived member
everyones stories are not putting me at ease s*** is rough! at a T intersection there is traffic that always has right of way assuming there is no traffic lights (flowing traffic) and the other street always has to give way. i was the top part of the T and clearly had right of way, this other driver pulled out in front of me to turn right (out of the bottom section of the T) and my choices were T-bone or evade I'm not sure about signs but lord knows you dont turn out in front of oncoming traffic im not trying to get advice about whos right or wrong, (I'm pretty sure im right :S let me know if you think otherwise) i was after advice on what to do next! i want my car fixed but think its balls if i have to pay! and im sorry but i think if you pull out infront of a car and dont actually have a death wish derogetry comments are earned ill put up a diagram in a min if its still unclear ---------- Post added 27-11-11 at 22:49 ---------- (http://imageshack.us/photo/my-images/195/27112011514.jpg/) 1st (bottom) picture is of the appoach 2nd (top) is of result (willing to sign autographs for those that want it they call me van gogh!) Some original photos have not been recovered yet.
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aus880Archived member
simple, speak to a solicitor or preferably go and see the chamber magistrate at a local court take a quote along for repairs for the damage to your car and have everything that happened clearly written/drawn
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keoghzArchived member
okay sounds pretty good, honestly think it will pan out in my favour though? Going to get some quotes tomorrow! (ps: might have to brush up on my drawing skills!)
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keoghzArchived member
spoke to legal aid over the phone today, they suggested just writing the letter of demand and if i get nothing lawyer up if i feel its worth pursuing got some quotes on damages its the bad side of 2.5k... Some original photos have not been recovered yet.
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miladArchived member
im interested to see how this ends up. keep us posted whats your plan of action?
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keoghzArchived member
yeah will do, atm game plan is just make a really good demand letter that makes everything black and white for these guys just to let them know im serious about getting my car fixed and that its their shout if i get no response or they tell me to get stuffed again, ill talk to my local solicitor and find out if its worth chasing in court really i dont want to have to take it that far, but i probably will if it comes to it anyone know how long you get after an accident to make a claim? just wondering if i send this demand letter, would these people still be able to make an insurance claim, in 1week.. 2 weeks? etc.? (not that im even sure id be covered by their insurance in the circumstances...)
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aus880Archived member
of course they'd be able to make a claim still there are stock/generic template letters of demand available, don't try creating your own also keep copies and a diary of what was sent and when
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VLforcedArchived member
I wouldn't have swerved... at all. should have hit them, at least that way this wouldn't all be on you. some people can be true pricks
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Andy-30LArchived member
im guessing you didnt happen to get any pics of it? that would strengthen your case heaps. If you didnt get pics go take some of the road before you approach a magistrate, so u can show them theres a stop or give way sign or wateva, showing that you have 100% right of way an that they pulled out on u. If you think of it that way u should definitely get compensated for it. Yeah ^ your right, but honestly mate i would of done the exact same thing and try swerve to miss it to. Its just unfortunate there was a tree there. best of luck for the case tho mate
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BaxArchived member
Agreed with Russ, don't write your own letter of demand. And be prepared for them to do nothing about it, there are some dodgy people around - and the letter of demand isn't a guarantee you'll get money. Ever since I got a crappy old car I'm always contemplating taking an accident on the chin just to teach some of these idiots a lesson. But nobody can really go without a car just to prove a point.
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keoghzArchived member
ahk good point ill have a look for a template! yeah was just my reaction, wish i hadnt have swerved now, not much i can do about that though i did take pictures of my car, the tree i hit the and the point where i went up the curb, yeah will defs go back though for pictures of the intersection though (unfortunately i dont think there are any signs there) u guys can google map it if u want, i was driving from jells rd wheelers hill down phoenix dr, and the woman came out of columbia dr and was attempting to turn right down towards jells rd, and u can also see the tree i hit... ---------- Post added 29-11-11 at 13:20 ---------- you can see from the size of the road you have to come out quite a long way with your eyes closed to get in someones way, she managed though !
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PROGMHArchived member
I had a similar thing happen to me. I was driving the mrs caprice and a guy two cars ahead decided to jump on the anchors and go for a left hand turn from the middle lane... half way through this manouvre he worked out he was going too quick so flicked it back to continue on the way he was travelling. The car behind him locked up, and I locked up. The car behind me didn't see all of this stuff up ahead and tapped my RHR side and slid in to a car waiting to turn. I only had a few hundred dollars damage but the other car was a write off as it pushed the pillars in. So we did all the usual swap of details, went down to cop shop and explained it as we got the rego for the guy who caused it all. End result was that cops and insurance company said that because no one made contact with the guy who caused it he wasn't involved and it all fell back on this girl who hit everyone... well her insurance company.
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keoghzArchived member
far out thats rough as! sometimes i think people just need to own up and do the right thing i mean even if that guy just paid for the girls excess or something, its pretty sad
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TWRACINGArchived member
Quote: Originally Posted by VLforced [View Post] I wouldn't have swerved... at all. should have hit them, at least that way this wouldn't all be on you. some people can be true pricks x2 You should have kept going and made sure you took out only the front part of her vehicle, it would have been interesting to see what her pussy of a husband would have said about that.
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