Jump to content
SAU Community

Recommended Posts

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???

Link to comment
https://www.sau.com.au/forums/topic/153917-insurance-trouble-need-help/
Share on other sites

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....

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.

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 by andz69
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.

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.

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. :D

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 by chops

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 by SAGTS-4
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.

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 :stupid: which they could prove in court from your skid marks btw.

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!

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Similar Content

  • Latest Posts

    • Oh, that's grim. Something bad has been happening there.
    • Put an endoscope down the hole and saw this. Not quite all around the bore but a good 60% at least. Chin to the chest and towards further disappointments I guess.
    • 2 does "sort of" applies, maybe......but looking at what parts would be needed for the swap to get engineered, registered, and insured, and basically that's everything under the car, the modifications the make it legal would be problematic and horrendously expensive, all for a street car that just cruises around and hits a few twisty roads on the weekends Also, from looking at the NSW rules and Regs, with all modifications that is required just to make the car safe and not twist itself to pieces, and then actually get registered for street use, may still be impossible nowadays As for 1, when you add in a fresh engine, fresh transmission, rear cradle and diff, tailshaft, suspension, brakes, cooling, and all the other fabrication required, your probably looking at up to $100k to do it right, all for a 20 year old MX5 that is over engineered and you would never be able to actually use the power it has on the street, much like your beastie, which I love, but you actually track that thing and can use all of its powers in anger, in a safe environment  Hell, the old Bogan Cruise Ship had more power than I could use on the street, and in hindsight, I went a bit silly on that thing, it didn't really need the 500hp it had for what I actually used the car for, it was fun, but basically unusable on the street if you value your licence  As for cams, yeah, I'll probably book it in for them to get installed and tuned soonish, like next month after MX5 Mania are back at work....... and yes, I've already sent a email to bin the turbo quote and quote instead to install cams and a new Fluidampr balancer that will suit the 2.5 better than the OEM 2.0 balancer that is swapped over for the 2.5 install, as the balancer needs to get pulled to time the cams it's a while your in there sort of thing I did think a bit about flex fuel for a laugh, but being na, and no where really around locally anymore to get E85, I've binned that idea, so no sweet sweet corn smells are set for the car I wish E85 was more of a standard fuel, it's better for the environment, better for tuning, plus that sweet sweet smell we all love As for fitting in the family, that's not needed, as everyone in the family already owns a car that can seat 5 humans comfortably enough, the MX5 is "my toy" As for buying a car that is already built, nah, I would rather pick and choose my parts, I enjoy the process, and in the big picture, the additional cost is well worth the enjoyment, and the occasional frustration, I get out of doing it, albeit with other people spinning the spanners, and me, just paying the invoice 🤣
    • Excuse me, but 2) does apply 1) Would also apply if you consider how much is spent in the alternatives. Also there's the option of 3), buy one pre-built that you can put your family in (it's me, it's my car)   That said, I went on a ~500km drive the other day. I didn't use anything more adventurous than 3rd/4th gear at about ~3000RPM and 50% throttle and I was going as fast as anyone has any sense doing on a public road, with enough grip to the point where I didn't want to go any faster. I was obviously under the limit of the current car etc etc. MX5 with 2.5 N/A to achieve the same speed would be more fun for any road scenario. Maybe consider cams. I wouldn't boost it. The use case is just not there and it won't actually make the car more enjoyable unless you really do plan on wringing gears from 1st to 3rd (at least) at 100% WOT on a public road to 150+kmh.
    • Great if: 1. You had all of the money for everything else that is required  2. Lived in a country where you could actually do this and drive it legally on the road Sadly, neither applies to me As for the turbo, I am having second thoughts, mainly for engineering/registration legality reasons and insurance  Not saying I've finished doing stupid things that I probably should do to the MX5, but boost, and V8 engine swaps isn't on the cards Strange, but true 
×
×
  • Create New...