Need Some Help About A Little Accident!

[toan]

hey guys

im not sure if this is the right place but i would like to hear some opinions on what to do.

this is my first time being in an accident.

it happened at Safeway parking lot in st albans. i go to reverse my car i was just rolling and i noticed a RAV 4, reversing so i stopped and saw her break lights light up to, I'm still siting there stationary and then she reversed into my car and tries to drive off, i ran up to her and said "look where you going?" and she said she was coming back, noting happen to her car at all but my right rear panel is dented in! i didn't get the car too long ago and haven't had the time to get insurance on it yet but shes got insurance and shes saying that it was my fault! if i was in the wrong I'd admit it honestly, but everyone is telling me its her fault because i was stationary.

so id like to get some opinions on what i should do!

[(B1) MR_fanny]

got her details yeah? take pics of your car for documentation and ask your insurance comp for their opinion or would that be too premature? you could always go to a cop shop and ask? i dunno. I'd say her fault cause you were stationary too, giving way as you should when reversing. you could always mention that she tried to do a runner but that would be scraping the barrel as its your word against hers.

[Phatboy]

Witnesses. That's the only thing that MIGHT sway her insurance company. I hope you got the details down of all the the people who said it's her fault. The more the better.

If you don't have any witnesses, if you think her insurance company's gonna take the word of an unknown stranger driving an uninsured, newly registrered "hoon" car, over their own precious customer who will likely change insurance companies if they piss her off, you've got another thing coming.

Moral of the story - buy comprehensive insurance before the ink dries and the keys get handed over.

Hope it's not too expensive to fix.

[krzysiu]

in a situation like this you might be in a bit of trouble. If you dont have insurance and she doesnt want to go through hers, the only option would be to give her a letter threatening to sue her (get any lawyer to write up a letter for you) stating that if she does not proceed to fix your car out of her own pocket or through insurance you will persue legal action. She will probably shit herself and just go through her insurance.

[(B1) MR_fanny]

Witnesses. That's the only thing that MIGHT sway her insurance company. I hope you got the details down of all the the people who said it's her fault. The more the better.

If you don't have any witnesses, if you think her insurance company's gonna take the word of an unknown stranger driving an uninsured, newly registrered "hoon" car, over their own precious customer who will likely change insurance companies if they piss her off, you've got another thing coming.

Moral of the story - buy comprehensive insurance before the ink dries and the keys get handed over.

Hope it's not too expensive to fix.

yeah, its always safer to gather as much info/contacts as you can even though you think you may not need it. It's good for you to cover your arse plus a good method of persuasion if the person at fault see's you doing so they think twice about being dodgy.

[Birds]

Bearer of bad news here...

You need third party witnesses to this type of accident for any hope of prosecuting her, though something like her paint on your car would certainly help. The legal vessel of choice would be a claim through VCAT where they frequently hear "your word versus his" cases and proceedings are both legally binding and very cheap (compared to court). The downside is that they often split the bill down the centre and make both parties pay for half of it.

Legal tactics might work in scaring her, but dodgy people are more than often just as cunning - enough to know you have no case without evidence. And then you've already paid $100 for a solicitor to put down some legal prose. Now I ask, how bad is the damage? Have you got a quote for repairs from a panelbeater? That should be your first step because you need to justify the expense of your course of action. The police, unless called to the scene, will not want anything to do with it fullstop. This is the part where I say you should have had insurance (and really, you're quite stupid for even driving the car anywhere with no third party insurance), because even third party policies commonly offer not-your-fault claims where they will chase up someone for money on your behalf if they have hit you and are at fault. You would just need to supply them with the assailant's registration plate.

Go to VCAT or suck it up. And go get some insurance.

[KamikazeNinja34]

+1 on insurance, too risky not to.

As you've now found out.

[turbo rxp]

go to OH performance they do smash repairs , also they have there own legal team to assit you in all types of accidents , it wont hert to see james there to fill out a form of the accident , he fax it to there team to get the ball rolling , they will take care from the quotes and liablity to repairs , there in mc intyre rd sunshine , give them a go

[llama_au]

go to OH performance they do smash repairs , also they have there own legal team to assit you in all types of accidents , it wont hert to see james there to fill out a form of the accident , he fax it to there team to get the ball rolling , they will take care from the quotes and liablity to repairs , there in mc intyre rd sunshine , give them a go

STOP F*CKING ADVERTISING, no-one gives a shit.

To the original poster - you're in a spot of bother. Without witnesses you don't have a leg to stand on. This is why you need insurance before you buy the car. It's her word against yours, and she has an insurance company behind her. This'll be a case of fixing your own damage and taking it as lesson learnt.

[Damo_c]

The same thing happened to my ex girlfriend. Dont know about your situation but hers happened in a 1 way street in a shopping centre, angle parking. Both cars were parked oppisite to each other and reversed out at the same time hitting the back right on her car and the back left on the other. The insurance companies of both hers and the other chick reversing out said that they were classed as 'driving the wrong way down a one way street', so they were both in the wrong. I spoke to a police officer and said that this is correct. In the end both people paid there own insurance to get their car fixed.

Its a pretty farked up situation when you MUST reverse out of angle parking.

[R31Nismoid]

go to OH performance they do smash repairs , also they have there own legal team to assit you in all types of accidents , it wont hert to see james there to fill out a form of the accident , he fax it to there team to get the ball rolling , they will take care from the quotes and liablity to repairs , there in mc intyre rd sunshine , give them a go

Stop playing the 3rd part act...

You are a business, if you wish to advertise - you pay.

Next time to post a plug, and everytime then one, it will be removed until such a time as you are a paying trader

[Birds]

I just found it funny the posters name was Jim and you're supposed to see James at his place of recommendation lol

[toan]

hey guys!

left my car at the panel beater today told them the story and they agreed that it was the other ladies fault! they got their own legal team to take care of this so it sounds good!

oh i did forget to mention yes there was a witness! thank god!

i also had a talk to the panel beaters guys about respraying my whole car, he said well if everything goes through i only have to pay a little cash to get my car resprayed! im looking at candy red as my car is maroon! =]

i have my fingers crossed guys!

thanks for all the advice! i hope i can make its to one of the future meets!

thanks

[Birds]

Be weary of a whole spray job that onle needs "a little cash" on top of minor rear quarter panel damage!

Good to hear you have this sorted thus far, and I wish you luck in prosecuting the woman. Now do yourself a favour and get that insurance before you drive your car anywhere. A cover note will take you 10 minutes to get over the phone, you don't even have to pay for the insurance policy straight away.

[Jack-]

go to OH performance they do smash repairs , also they have there own legal team to assit you in all types of accidents , it wont hert to see james there to fill out a form of the accident , he fax it to there team to get the ball rolling , they will take care from the quotes and liablity to repairs , there in mc intyre rd sunshine , give them a go

Don't bother. They're shit. The owner is an arrogant pig, who doesn't like keeping business.

[Charles89]

Bearer of bad news here...

You need third party witnesses to this type of accident for any hope of prosecuting her, though something like her paint on your car would certainly help. The legal vessel of choice would be a claim through VCAT where they frequently hear "your word versus his" cases and proceedings are both legally binding and very cheap (compared to court). The downside is that they often split the bill down the centre and make both parties pay for half of it.

Legal tactics might work in scaring her, but dodgy people are more than often just as cunning - enough to know you have no case without evidence. And then you've already paid $100 for a solicitor to put down some legal prose. Now I ask, how bad is the damage? Have you got a quote for repairs from a panelbeater? That should be your first step because you need to justify the expense of your course of action. The police, unless called to the scene, will not want anything to do with it fullstop. This is the part where I say you should have had insurance (and really, you're quite stupid for even driving the car anywhere with no third party insurance), because even third party policies commonly offer not-your-fault claims where they will chase up someone for money on your behalf if they have hit you and are at fault. You would just need to supply them with the assailant's registration plate.

Go to VCAT or suck it up. And go get some insurance.

Sorry to go off topic, but I'm just wondering, does Just Car offer "not-your-fault claims" with 3rd party fire & theft? Because I heard it from somewhere that they don't offer that.

[adznight]

Sounds a bit strange to me, the other insurance company has to wear the costs. I'd just give them a call and check that out but I'd say no.

[Birds]

Sorry to go off topic, but I'm just wondering, does Just Car offer "not-your-fault claims" with 3rd party fire & theft? Because I heard it from somewhere that they don't offer that.

Just Cars do have not-your-fault claims, although they do have more specific circumstances for it than most insurance company policies (e.g. RACV, AAMI's mainstream insurance). Taken from their third party policy:

Uninsured motorist extension

The amount covered for the uninsured motorist extension is the current market value of your car up to $3,000.

We will pay up to the amount covered for accidental loss or damage to your car caused by an uninsured third party motorist, provided:

- we accept you would be legally entitled to recover more than fifty per cent of the cost of repairs to your car from the owner or driver of the other car, and

- you have satisfied us that the owner or driver of the other car is not insured against that cost, and

- you can give us the registration number of the other car and the name and address of its driver.

Provided the amount covered is not exceeded, we will pay the reasonable cost of towing your car to the nearest repairer or place of safety if it cannot be safely driven. We will decide either to repair your car, pay the cost of repairing your car, or declare your car a write-off and pay the amount covered. See pages 19 to 21 for details.

[(B1) MR_fanny]

hey guys!

left my car at the panel beater today told them the story and they agreed that it was the other ladies fault! they got their own legal team to take care of this so it sounds good!

oh i did forget to mention yes there was a witness! thank god!

i also had a talk to the panel beaters guys about respraying my whole car, he said well if everything goes through i only have to pay a little cash to get my car resprayed! im looking at candy red as my car is maroon! =]

i have my fingers crossed guys!

thanks for all the advice! i hope i can make its to one of the future meets!

thanks

heres another lesson for ya. theres more to it in a "proper" full respray than a couple hundred bucks.

[llama_au]

*smacks forehead*