Insurance Trouble Need Help

[i hate rav 4's]

G'day guys,

About 4 months ago the city, I might have been speeding a little (double the limit) down portrush road and a rav4 failed to give way coming from a side street and i got t - boned.

My car was regency defected at the time but was still legal to drive. The d's came out took photo's, gave me the third degree etc.. but didn't charge me for anything.

I got a letter from the other guy's insurance suing me for his damage. I am confused cause i thought i wasn't more than 50% in the wrong,

Does anyone really know who is in the wrong???

[Yts]

when u say t boned did he hit u at the rear or the front end of ur vehicle

[i hate rav 4's]

when u say t boned did he hit u at the rear or the front end of ur vehicle

Just infront of the drivers door.

[msnismo]

Was the other person charged for failing to give way? If so they have no basis for the claim.. id remove the part regarding your speed from your post also. Public forum which anyone can access................unless you stated all this to the police at the time they interviewed you....

[i hate rav 4's]

Was the other person charged for failing to give way? If so they have no basis for the claim.. id remove the part regarding your speed from your post also. Public forum which anyone can access................unless you stated all this to the police at the time they interviewed you....

I don't have abs so the skid marks were something like 50 or 60 meters long before the impact.

[andz]

I might have been speeding a little (double the limit)

and i got t - boned.

so u were doing around 100-120k/h

u got t-boned, meaning he hit head-on to ur side

if the guy "failed to give way", shouldn't he be 100% at fault?...or more than 50% for sure

from what u said..he's wrong, but then again, if they can prove u were speeding, and the car has been defected

*edit* damn 50-60m skid marks :S

Edited January 29, 2007 by andz69

[i hate rav 4's]

so u were doing around 100-120k/h

u got t-boned, meaning he hit head-on to ur side

if the guy "failed to give way", shouldn't he be 100% at fault?...or more than 50% for sure

from what u said..he's wrong, but then again, if they can prove u were speeding, and the car has been defected

*edit* damn 50-60m skid marks :S

Yep into my side, luckily i had my window down and side intrusion bars.

[msnismo]

I don't have abs so the skid marks were something like 50 or 60 meters long before the impact.

Bugger... Still if they were charged and you were not that is admission of being in the wrong on their part not yours. First thing I would do is see if they were charged.

BTW did you have insurance.. if yes pass it all along to them... if they don't have to pay then they will find a way. If no... find a good traffic lawyer.

[4door_Sleeper]

Bugger... Still if they were charged and you were not that is admission of being in the wrong on their part not yours. First thing I would do is see if they were charged.

BTW did you have insurance.. if yes pass it all along to them... if they don't have to pay then they will find a way. If no... find a good traffic lawyer.

Ditto

If you dont have insurance this is going to cost you.

The other insurance company can afford to take this to court and make you the guilty party, if they dont they have to admit their client was in the wrong and pay for your repairs as well. The legal fees could get expensive but your insurance company will make this whole exercise a lot more streemline.

[chops]

If the car was currently defected, then I'm pretty sure the insurance company will deem it unroadworthy and you will have no insurance anyway.

Also, I'm pretty sure it's only legal to drive home from the defect, then to and from places of repair while defected.

I'd say he's unlikely to be charged with failing to give way to a car that he could not reasonably assume would be travelling at double the limit.

Sorry dude, but if you were doing double the limit in a defected car, then I'd say you're screwed.

Edited January 30, 2007 by chops

[SAGTS-4]

na but the cop had signed it off saying he is allowed to drive and you can drive anywhere. just got mine signed off and im driving on defect.

yep and i go to regency in two hours yay!!!. .. . . .. . .. !

Edited January 30, 2007 by SAGTS-4

[msnismo]

If the car was currently defected, then I'm pretty sure the insurance company will deem it unroadworthy and you will have no insurance anyway.

Also, I'm pretty sure it's only legal to drive home from the defect, then to and from places of repair while defected.

I'd say he's unlikely to be charged with failing to give way to a car that he could not reasonably assume would be travelling at double the limit.

Sorry dude, but if you were doing double the limit in a defected car, then I'd say you're screwed.

He mentioned that he was signed off and allowed to drive the vehicle.. therefore insurance is still valid. Yes they know he was speeding but if he wasn't charge then it has no bearing with insurance companies. Whichever party is charged are the ones liable for all damages in the case of insurance payouts.

In NSW if you do not receive a sticker you have 14 days to drive around wherever the hell you feel like - if not cleared after this time you may only drive the vehicle to a point of repair & home as well as to get it cleared. Surely its the same in most states?

I would bet that neither party were charged which is why the other insurance company is trying to get him to admit liability. If they had been charged there is no way they would of issued the letter of demand.

I spent 6 months getting the run around from my own insurance company years ago - I was hit at a 110km on the F3 whilst stationary and pushed into the car in front. The car in front thought that they had sustained no damage (tow ball) and took off before I could get their details. Person who hit me was uninsured so I went through my insurer - they tried to tell me that the $1100 damage to the front of my car was the result of an accident after the one that had happened (hit up the ass) and prior to be loaded onto a tow truck 20minutes later...wtf? It took months of ringing every day to finally get my money - I always wonder what damage did happen to that other car as hitting the towball tends to twist a few things underneath!

Either give it too your insurance company, bend over & cop it, or hire a traffic lawyer - they are the only options.

[chops]

3 days in SA to drive on a defect, and even then it's at the discretion of the defecting officer. They can make you park your car and not even let you drive it home if they are in a bad mood.

[ukai]

Go see a laywer now, it may cost you 500 to 2000 to see one, but go do it now else your screwed and youll more then likley be paying of somones rav 4 (still a possibilty if you have a laywer but less likely).

Recommend

Cammata and Lempens

http://www.camattalempens.com.au/

btw not to get on your case to much, but morally you partly are at fault beacuse some poor person got their car written of because they miss judged somones speed when it was double the speed limit which they could prove in court from your skid marks btw.

[i hate rav 4's]

Thanks guys for all the input. I know i was wrong speeding but they don't call it a performance car for nothing...

[Deluxe]

I know i was wrong speeding but they don't call it a performance car for nothing...

I know where your coming from..........but mine sits on 60kmh quite nicely! Besides theres a time and a place to do 120kmh, and i'm afraid even if there isn't anyone on the road, portrush rd isn't the place! Good luck with your issues!

[Silver bullet]

I can't believe your attitude. You could have killed someone and all you care about is whether or not you have to pick up the bill.

If you're doing double the speed limit, you are morally responsible for anything that goes wrong.

[Madaz]

I can't believe your attitude. You could have killed someone and all you care about is whether or not you have to pick up the bill.

If you're doing double the speed limit, you are morally responsible for anything that goes wrong.

AGREED

@ 60kph the distance you travel in 1 second of time is 12meters

so @ 120 its gunna be arround the 24meter mark, you say your skids were 50-60m /shakes head that means 10-15m before you hit the skids you knew he was looking @ or pulling out therfore @ those speeds you dont look wha trafic is doing 50 meters in front of you it clearly takes more than 60 meter to stop little common sence that isnt so common nowadays /rant