Would like some advice about a traffic incident

[Flamin Ford 85]

Sadly, only a week after getting my 1985 LTD i crashed it into a pole while swerving away from a senile driver who failed to give way to me when i was passing through a green light - she decided to just aim her car straight for me and drive into me! I managed to swerve out of the way, preventing a head on collision but hit a stobie pole as a result. The front end of the car is bent out of shape and the radiator is stuffed, along with the headlights and most of the front panels - considering the age and value of the car its a write off. If she has 3rd party insurance, will they pay for my loss of the car due to her serious driver error? My car was not insured yet, i have only had it for a week. Her car is undamaged, as i managed to dodge her. The police tell me if i want reimbursement from her i have to take it up with her and they did not attend the scene because nobody was hurt. Surely i can't just be left empty handed after this, as crash and loss of my car is 100% her fault.

I would really appreciate any advice, or to be pointed in the right direction as to what i can do now.

[Streets]

Pretty sure 3rd party only covers injury to another person, not their property.

[Flamin Ford 85]

Isn't that part of the compulsory insurance that comes with registration? She said she had RAA 3rd party insurance and that they would contact me

[GasoLane]

Originally Posted by Flamin Ford 85

Isn't that part of the compulsory insurance that comes with registration? She said she had RAA 3rd party insurance and that they would contact me

The insurance that is necessary for rego is 3rd Party, This only insures people who are injured in a crash.

It's often confused with 3rd Party Property insurance. This doesn't insure your car but covers you for just about anything else you bump into.

If the Little old Lady has the latter you should be ok, make sure you get the Officers name who took both your statements along with a report/incident number and contact her insurance company.


For those who haven't been to Adelaide, this is a Stobie Pole. A Concrete and Steel power pole. You hit one, you lose!

[SLO AU XR8]

You hit the pole, therefore it's your expense. Lesson learnt, hit the at fault driver next time!

[Flamin Ford 85]

I was presented with two options - hitting her head on and dying/suffering serious injury, or trying to dodge her and hit something else. It would have been much MUCH worse had i not swerved.

[Ford_The_Win]

Civil claims tribunal? I would be speaking to a barrister/solicitor and getting the legal ball rolling. Sue her.

[Cúl-Báire]

Originally Posted by Flamin Ford 85

Sadly, only a week after getting my 1985 LTD i crashed it into a pole while swerving away from a senile driver who failed to give way to me when i was passing through a green light - she decided to just aim her car straight for me and drive into me! I managed to swerve out of the way, preventing a head on collision but hit a stobie pole as a result. The front end of the car is bent out of shape and the radiator is stuffed, along with the headlights and most of the front panels - considering the age and value of the car its a write off. If she has 3rd party insurance, will they pay for my loss of the car due to her serious driver error? My car was not insured yet, i have only had it for a week. Her car is undamaged, as i managed to dodge her. The police tell me if i want reimbursement from her i have to take it up with her and they did not attend the scene because nobody was hurt. Surely i can't just be left empty handed after this, as crash and loss of my car is 100% her fault.

I would really appreciate any advice, or to be pointed in the right direction as to what i can do now.

Per SLO's comment you will have a great deal of trouble proving you weren't at fault; without a list of witnesses... If you can do that, then refer below.

Yes, her 3rd party will cover you; however without "your" insurance company onside you will find it near impossible to get a cent out of them... At worst, atleast learn from your mistake. You should never drive a car around without some kind of insurance (atleast 3rd party property damage).

[Flamin Ford 85]

I have her rego number and all her details, i did absolutely nothing wrong, in fact my quick thinking most likely saved her AND her passengers lives. If she admits she was at fault, would her insurance pay me, the victim of her gross negligence on the road? That is my main question.

[FgNewbie]

Flamin good to hear everyone is ok. Very fortunate the pole didn't come down on someone and you didn't hit anyone else instead of her.

I highly doubt you are going to hear good news.

As mentioned, the reality is you'd be in a better legal position if she hit you. I'd be surprised if you get a penny out of it.

How many witnesses have you got?
Has she accepted liability?

[Flamin Ford 85]

her daughter was in front of her and turned before her, well out of my way and also stopped. Wether she is going to be truthful or not is another matter. The old LTD was very nice and im very sad this is where its ended up after only a week with me, 140,000 on the clock and a 1 owner in near mint condition..It was only 2 grand (bargain) so the damages would be way more than that to fix im guessing..She did accept liability on the spot and i went to the police station to make a statement, she did too but im not sure what she told them, the police won't tell me due to privacy reasons.

[FgNewbie]

My car was not insured yet, i have only had it for a week

Flamin a late thought, if you are not aware, some companies will provide a 'cover note' while you organise insurance. I wouldn't drive my car out of the dealership without one.

[Flamin Ford 85]

Surely she can't get away with writing off my car because she broke one of the most dead-simple and important rode rules and nearly got me and herself killed!!

[jpd80]

Originally Posted by Flamin Ford 85

Surely she can't get away with writing off my car because she broke one of the most dead-simple and important rode rules and nearly got me and herself killed!!

Be careful, if you were traveling through a green light and she jumps a red on your right and hits you,
then you are the at fault driver irrespective of her going through a red...that's screwed many a driver...

Bottom line, I think you and the proverbial snowball should compare notes,
the only one getting money out of this will be your lawyer with your money...

[nstg8a]

Originally Posted by jpd80

Be careful, if you were traveling through a green light and she jumps a red on your right and hits you,
then you are the at fault driver irrespective of her going through a red...that's screwed many a driver...

say what? how does that work?

[MercurySilver]

Originally Posted by jpd80

Be careful, if you were traveling through a green light and she jumps a red on your right and hits you,
then you are the at fault driver irrespective of her going through a red...that's screwed many a driver...

Bottom line, I think you and the proverbial snowball should compare notes,
the only one getting money out of this will be your lawyer with your money...

wtf?
can you explain that??

[burnz]

Originally Posted by Flamin Ford 85

Sadly, only a week after getting my 1985 LTD i crashed it into a pole while swerving away from a senile driver who failed to give way to me when i was passing through a green light - she decided to just aim her car straight for me and drive into me! I managed to swerve out of the way, preventing a head on collision but hit a stobie pole as a result. The front end of the car is bent out of shape and the radiator is stuffed, along with the headlights and most of the front panels - considering the age and value of the car its a write off. If she has 3rd party insurance, will they pay for my loss of the car due to her serious driver error? My car was not insured yet, i have only had it for a week. Her car is undamaged, as i managed to dodge her. The police tell me if i want reimbursement from her i have to take it up with her and they did not attend the scene because nobody was hurt. Surely i can't just be left empty handed after this, as crash and loss of my car is 100% her fault.

I would really appreciate any advice, or to be pointed in the right direction as to what i can do now.

did you both actually hit?? if "not" you really have no claim against her.
as for 3rd party they will say here's a cheque for what they/glass guide say it's worth..market value.

sorry bud i feel for you; but a cover note at least should have been foremost on your part.

[SLO AU XR8]

That she can! you swerved, avoiding her, therefore YOU are at faullt. next time take the not at fault collision with the other car, it's 10x cheaper, and 11ty billion times easier!!!!!!!!!!

[FgNewbie]

Originally Posted by SLO AU XR8

That she can! you swerved, avoiding her, therefore YOU are at faullt. next time take the not at fault collision with the other car, it's 10x cheaper, and 11ty billion times easier!!!!!!!!!!

I don't disagree with your thinking but let's not forget flamin believes they avoided dying or serious injury.

Originally Posted by Flamin Ford 85

I was presented with two options - hitting her head on and dying/suffering serious injury, or trying to dodge her and hit something else. It would have been much MUCH worse had i not swerved.

[Flamin Ford 85]

you mean HER 3rd party will pay for my car, burnz?

[burnz]

Originally Posted by Flamin Ford 85

you mean HER 3rd party will pay for my car, burnz?

if she has admited fault, and has 3rd party property damage then yes..

[SLO AU XR8]

Originally Posted by burnz

if she has admited fault, and has 3rd party property damage then yes..

Wrong. As the OP avoided contact with the woman, she is legally not involved in the accident, therefore the OP is at fault and must pay all costs.

[burnz]

Originally Posted by SLO AU XR8

Wrong. As the OP avoided contact with the woman, she is legally not involved in the accident, therefore the OP is at fault and must pay all costs.

correct as i stated in my previous post..

however if she nor the insurer challenges it they will pay..

[FGII-XR6]

Originally Posted by SLO AU XR8

Wrong. As the OP avoided contact with the woman, she is legally not involved in the accident, therefore the OP is at fault and must pay all costs.

you don't have to be in the accident to be liable for damage if you cause it and admit it or there is proof you are liable. but don't take my work or anyones here seek legal advice after all we aren't lawyers

[aussie muscle]

Originally Posted by SLO AU XR8

Wrong. As the OP avoided contact with the woman, she is legally not involved in the accident, therefore the OP is at fault and must pay all costs.

but technically, she did cause the accident?

Originally Posted by ILLaViTaR

you'll probably need to launch a small claims case and push negligence towards the insurance companies

I think this is the most likely way to proceed.

[gtxb67]

Originally Posted by burnz

if she has admited fault, and has 3rd party property damage then yes..

i thought insurance companies told you not to admit fault - therefore unless there are any witnesses, it is likely they will not pay up, because she was not involved in the accident. they will not take her word for it, they will tell her if she was at fault or not . . . . and most likely, they will so no because there was no accident

[Flamin Ford 85]

Well, i COULD have just collided with her and i probably would not be writing this right now, she was about 5m from my car when she decided to go for the suicide maneuver, chances are i would be dead if i hit her head on, it was in the right lane, so her nose would have ploughed through my door and impaled me..

[Flamin Ford 85]

No decent motorist would deliberately hit anyone/anything. If in any way possible, we are trying to AVOID deaths and serious injuries on the road. A car is a car, what good is it to me or anyone if im dead? Its either the car AND me AND the other 2 people, or JUST the car. I don't see what is flawed in any way with my logic.

[FgNewbie]

Originally Posted by Flamin Ford 85

No decent motorist would deliberately hit anyone/anything. If in any way possible, we are trying to AVOID deaths and serious injuries on the road. A car is a car, what good is it to me or anyone if im dead? Its either the car AND me AND the other 2 people, or JUST the car. I don't see what is flawed in any way with my logic.

While I feel for you, I'd suggest ignoring the posts you don't like. To answer your post one could argue actions leading up to the event and the safety of others during the event.

By no means am I having a go. Just a friendly tip to ignore what you don't like what isn't relevant.

[robbyj]

As much as swerving out of the way to avoid the collision seems the right thing to do, your better off slamming the brakes and taking the hit, imagine if you swerved into some school kids standing by the pole or something..

I'm sure you are a good driver and did well to avoid the collision, but if you have to swerve to the point you lose control of the car.. your better off taking the hit.

I think her insurance company will see this the same way, that you are also responsible for the incident, even though it was her fault.

Maybe you can strike a deal with her? explain you bought the car for a bargin, and maybe go halves on the $2000.