What Should I Do Now? Need Advised...

[Japav]

Guys,

i need some advised here.

Just got back from the road...

I was stopped at traffic light + jam on Williams Rd x Flinder Lane, then got hit from back by a stupid taxi driver.

Lucky, car only suffer minor damage on the rear left bumper, everything else seem to be fine.

However, my insurance has expired and was planning to renew it end of the month...

I've got all detail for the taxi driver (full name, address, driver license number, ph number, rego, taxi depo contact), took pic of both car (lucky i left my SLR camera in the boot).

Friend told me I would need to seek for a lawyer to claim for the repair, or what should I do now?

[istdercollen]

Laws in Australia might be different, but if your insurance is expired, I'd say the best hope would be that the Taxi company doesn't sue you as an uninsured motorist for repairs to the taxi. As long as they don't take any action your best bet may be to fix your car without involving insurance and get some coverage ASAP to prevent the same situation from happening again.

[win4ever]

Not too sure about Aussie law, but if you got hit from the back, chances are the taxi is at fault and you should be claiming insurance for repairs on your car from the taxi driver thru his 3rd party motor vehicle insurance.

If you are not at fault, there shouldn't be any claim against ur insurance. So I don't think there is any issue with your insurance expiring although u better get it renewed ASAP!

[LiQuid IcE]

your insurance doesn't have to know about it, and they won't do anything for you anyway

Call the taxi driver. He needs to put a claim through his insurance. Get the name of his insurance company and his claim number and you can deal with the insurance company from there on.

If he refuses to put a claim through then you'll have to fix the damage and sue him for what it costs you. The laws pretty clear, person from behind is at fault.

Alternatively if he doesnt want to go through insurance but would like to pay for the damage , then get some quotes and sort it out between the two of you

Edited July 28, 2010 by LiQuid IcE

[xscape237]

Hey mate.

The easiest method is to just go to your favourite panel beater / repairer.

They will handle the insurance claim on your behalf. Tell them you want a free rental car as well.

[andy65b]

Go to your nearest Police Station and lodge a "Late Accident Report" (this is your insurance incase the taxi driver gets difficult). Needs to be done within 48 hours of the accident (I think or could be 24 hours)

Get a quote for repair.

Contact taxi driver and see if he wants to pay you directly for the repair or go through his insurance (as he is 100% at fault if he hit you from behind).

If refuses to be helpful return to the Police station and see if they can help getting the correct details.

He will have to pay but you will have to do the leg work instead of your insurer.

Good luck

[istdercollen]

Not too sure about Aussie law, but if you got hit from the back, chances are the taxi is at fault

He's saying that he doesn't have insurance. I figured this would move fault from the taxi driver to him since he shouldn't even technically be driving the car (It wouldn't have been there to be hit from behind). Once again I have no idea about Australian Laws. Hopefully the OP works it out

[Kam-80]

You're legally allowed to drive a car without insurance in Australia, so long as it's registered. Part of the cost of registering your car is for compulsory third party insurance and public liability.

[Stuart McK]

Go to your nearest Police Station and lodge a "Late Accident Report" (this is your insurance incase the taxi driver gets difficult). Needs to be done within 48 hours of the accident (I think or could be 24 hours)

Get a quote for repair.

Contact taxi driver and see if he wants to pay you directly for the repair or go through his insurance (as he is 100% at fault if he hit you from behind).

If refuses to be helpful return to the Police station and see if they can help getting the correct details.

He will have to pay but you will have to do the leg work instead of your insurer.

Good luck

Andy65b is correct. Actually, the best thing you could have done next is to get the details of the next driver to act as a corroborative witness. Otherwise it's your word against the taxi driver's. Generally the law errs in favour of the car in front, however. Generally, all the insurance company does in cases where the other party is at fault (demonstrable, hence witness is good) is act on your behalf in dealing with the other party or their insurance company. If there's no insurance company working on your behalf, the onus falls to you to do the footwork. Suggest you put the fear of God into the taxi driver by suggesting that if he doesn't cough up you'll make it formal through your insurance company (he doesn't have to know) and he may lose his licence as a result.

[Japav]

Thanks everyone for your quick response.

I'll be reporting to the nearest police station first thing tomorrow and contact the taxi depo/taxi driver to see their response in regards of repair my car.

Andy65b is correct. Actually, the best thing you could have done next is to get the details of the next driver to act as a corroborative witness. Otherwise it's your word against the taxi driver's.

I have my girlfriend as the passenger would that count?

Also it happened right in front of a car-park entrance/exit so my best guess there would be some CCTV/video recording if the taxi driver being dodgy.

Friend of mine had similar issue back in Dec last yr on Kings way....his lawyer did mentioned the rego fee we pay every yr does cover the third party insurance

[xscape237]

Mate, i've been through this numerous times. You do not have to do the leg work. Just take it to your repairer of choice and they will handle the claim on your behalf at no cost to you.

In fact even when you DO have insurance, you can still do it this way when its not your fault.

[andy65b]

Friend of mine had similar issue back in Dec last yr on Kings way....his lawyer did mentioned the rego fee we pay every yr does cover the third party insurance

Third party insurance with your rego ONLY covers, injury to people.

If you hit someone with no Car insurance you will be up for the damage out of your pocket.

My advise, at a minimum get Third Party, property and theft insurance. This is cheaper than comprehensive but does no cover damage to your vehicle.

[rayh1]

Your laws in Aussie are prob very similar to NZs.

If you get struck from behind, ie, nose to tail accident, the rearmost car is almost

always held to be at fault as they have failed to stop in the clear distance ahead

So unless someone comes up and says that you were reversing back up the road , you should be in the clear there

You do need to report it asap to the Police

If the Police prosecute the taxi driver, I am guessing they may be able to ask for reparation to cover your damage

so its worth asking them about that and if they can ask for reparation, get a quote asap to give to them

If the taxi driver says he has no insurance coverage, the company he works for may have some coverage

[Cra-Z-Boy]

Once the taxi company's insurance firm see's that you have no insurance

they wont give you a cent and will fight you for any damage on the taxi.

I have been in the same situation myself and its not nice.

They will fight you if you try and make a claim against them

Because they know all your court costs(and maybe the taxi companys costs aswell) will be coming from your own pocket.

I wouldn't push to much or it might end up costing a lot more than you think.

And sorry to say the witness wont count because you know her and will classed not being impartial.

Im sorry to post this bad news but I have been down this path myself .

I have also just read another post telling you to try and bluff them into thinking you have insurance

I would say dont try this at all or you will be facing even bigger costs.

Once you make a claim againt them they will ask for your insurance company's details and when they

see there isn't any they wont just leave you alone.

Also the "person at rear is at fault "law does not exist in Australia and hasn't for about the last 10 years ever since the

introduction of roundabout laws.

Do a search on the law and find out the true ruling

Edited July 29, 2010 by Cra-Z-Boy

[rayh1]

Once the taxi company's insurance firm see's that you have no insurance

they wont give you a cent and will fight you for any damage on the taxi.

I have been in the same situation myself and its not nice.

They will fight you if you try and make a claim against them

Because they know all your court costs(and maybe the taxi companys costs aswell) will be coming from your own pocket.

I wouldn't push to much or it might end up costing a lot more than you think.

And sorry to say the witness wont count because you know her and will classed not being impartial.

Im sorry to post this bad news but I have been down this path myself .

I have also just read another post telling you to try and bluff them into thinking you have insurance

I would say dont try this at all or you will be facing even bigger costs.

Once you make a claim againt them they will ask for your insurance company's details and when they

see there isn't any they wont just leave you alone.

Also the "person at rear is at fault "law does not exist in Australia and hasn't for about the last 10 years ever since the

introduction of roundabout laws.

Do a search on the law and find out the true ruling

Dont think so...............Australian Road Rules 2009 state............

"Part 126 Keeping a safe distance behind vehicles

A driver must drive a sufficient distance behind a vehicle

travelling in front of the driver so the driver can, if

necessary, stop safely to avoid a collision with the vehicle"

Clearly states that this is an offence provision, ie should be punishable by Law

Australian Law and NZ Law are very similar in many respects as they are both based on Crown Law

even though both Countries have now moved on from being Commonwealth countries

If someone is stopped for a traffic light and is hit from behind, this is an entirely different proposition from being in a roundabout

Edited July 29, 2010 by rayh1

[Japav]

called up the taxi company this arvo, apparently their car arnt insured either!!

so the guy just ask me to go to their preferred panel shop in moorabbin and they will cover all cost for repairing

anyone has experience with "Master Panel"

[xscape237]

The worst thing you can do is go to a panel beater which the other driver recommends. They will just do the cheapest, dodgiest fix.

[Cra-Z-Boy]

Dont think so...............Australian Road Rules 2009 state............

"Part 126 Keeping a safe distance behind vehicles

A driver must drive a sufficient distance behind a vehicle

travelling in front of the driver so the driver can, if

necessary, stop safely to avoid a collision with the vehicle"

But where does it say that the driver at rear is at fault.

There is no straight forward law as there are many factors in all collisions.

The law does not exist.

My mate is a cop and has just confirmed by SMS that there is no such law but a set of rules

that must take in all factors of the law.

So you make that what you will but there is still no straight forward rule

stating the driver at rear is at fault.

[Cra-Z-Boy]

called up the taxi company this arvo, apparently their car arnt insured either!!

so the guy just ask me to go to their preferred panel shop in moorabbin and they will cover all cost for repairing

anyone has experience with "Master Panel"

They cant hold a commercial taxi licence without every car in the fleet having insurance

But this still might work in you favour if they want to stay outside the insurance route.

I hope this all works out and they fix your car

[V36 Skyline]

JapaV

How long over due was your insurance? Usually what happens is you will receive your renewal and you have a certain time frame to pay it in, if you have an accident within that time frame you are ok as all you need to do is tell them that you were intending to pay it if they say anything and then put the claim in, then obviously pay your insurance.

Because you were hit form behind you are not at fault, the taxi driver is, if they say it was you then the claims consultant has no idea what they are talking about and are trying to get out of paying. Also, becuase you have the details of the driver you will not need to pay your excess, they may ask you to pay but then need to pay you back as they have details which means they will either be able to subrogate aginast the taxi driver or his insurer.

I used to work for a major insurer in Brisbane and am an insurance broker and deal with these issues all the time.

If you need a hand or more info, let me know.