Jump to content

Car was hit
Insurance question?


  • Please log in to reply
28 replies to this topic

#1 Maple Leaf

Posted 29 November 2012 - 10:21 AM

Yesterday I stopped at a roadside vegetable stand to pick up some sweet corn. I pulled in behind a 4wd, got out, got the corn and then went back to my car and leaned over to put it on the passenger seat. I hadn't even closed the door yet and felt the car jolt back.
The woman in front of me backed into my car and her trailer hitch (the steel part with a ball on top? Tow ball thing? Not sure what they are called here!) scraped into my fender and also dented it badly. I got out of the car and so did she.

So, here's where it gets weird. She starts going right off and calls me a "stupid f'ing girl" for parking behind her! (unfortunately I couldn't park beside her as I would have blocked her in). There are no witnesses as the road side stand just has a money box. She first denied doing the damage the whole while yelling at me and then got into her car to back up again to prove it didn't match up! (it did). She just backed up without looking, end of story. When I walked past her to the stand I noticed she was on her phone and perhaps was distracted and didn't even bother looking to see if anyone had pulled in behind her while she was sitting there.

My 3 year old is in the car very upset because of this woman going off. Her car has no damage at all as the steel ball took the full force. I managed to get her details and a picture of the back of her car (plus license plate) in case she did a runner. I gave her my details as well as she had my license plate anyway.

She takes off after that screaming the whole time. So I'm a bit of a mess now after all that abuse.
I rang the police but they say it's not a police matter as she did give me her details.

I called my insurance company and on monday the car will be assessed and they will chase it up with her insurance company.

So, what happens when she lies and says that I ran into the back of her? My insurance company has said they will "try to take care of me" (whatever that means) if she does lie but was just wondering if anyone had an incident before where someone blatantly lied about what happened and you still had your repairs covered fully? Sigh.

It would be very hard to believe that I got into my car and stared straight ahead at a brilliant white 4wd yet put it into drive and hit her, just for the fun of it,when I see it right in front of me.
I just hope she does the right thing but after seeing her go off at me when she was the one that was in the wrong, I don't have much hope.

And as an added bonus the 3 year old was up with nightmares last night talking about the mean woman who was yelling at me! sad.gif



#2 Fright bat

Posted 29 November 2012 - 10:28 AM

Let the insurers fight it out. You have explained it to your insurer, they have a vested interest in not letting the other person get away with it.

#3 Maple Leaf

Posted 29 November 2012 - 10:32 AM

QUOTE (MsN @ 29/11/2012, 10:28 AM) <{POST_SNAPBACK}>
Let the insurers fight it out. You have explained it to your insurer, they have a vested interest in not letting the other person get away with it.



True! I should just chill then and hope for the best. What a day though.

#4 julzely

Posted 29 November 2012 - 10:34 AM

The insurers will sort it out, however i would also write down everything you can remember from the incident so that if it drags on for a little while you don't forgot any details.

#5 FeralRebelWClaws

Posted 29 November 2012 - 10:34 AM

Sounds like it could end up a sucky situation... I'd be worried that she says that you rear ended her?

Hopefully she tells the truth. Fingers crossed for you!

#6 nup

Posted 29 November 2012 - 10:35 AM

If you've got her details and given your account that's enough for the insurance company. Let them do all the work for you and try not to worry about it. Sounds like her nuttiness shook you more than the bingle but don't let her lord it over you now that it's happened. Refer her to the insurance company if she has further issues and avoid all contact with her.

#7 MintyBiscuit

Posted 29 November 2012 - 10:38 AM

That sucks sad.gif I'm sure your insurers will be able to sort it out. If she gave her details despite no damage to her car, I would imagine she gets that it was her fault and was just angry that it happened.

Admittedly I have no experience in the field, but I would imagine the damage on your car would be different if it had been you moving and her stationary? Not sure if they look into it that deeply.

Hope it all ends well for you original.gif

EFS

Edited by HollyOllyOxenfree, 29 November 2012 - 10:39 AM.


#8 Natahs_mum

Posted 29 November 2012 - 10:52 AM

This happened to DH a while back. he was waiting to come out of a service road from the station, and a women came up beside him (not even allowed there) and then cut him off and hit him.

They exchanged details etc... and hee took phgotos of damage (not easy as it was dark)(. But did get photo of number plate. He knew she also parked at the station and took pic sth enext day.

Anyhow she lied about it and also had other marks on the car (which were already there) different places. Sh ehad even told DH she had, had another accident earlier that week.

She tried to fight sayng ti was our fault, she was the one in the wrong spot and ran into us.

So Dh fought it with the insurance company, and even sent in detailed diagrams of what happened, and it took a while but we won in the end... Which we shouldn't as she was the one in the wrong.

Good luck with it all. But fight all the way.. She was in the wroing... i too have a 4x4 and am always careful where l park and look all around me, and those towballs are a pain it the a*se when you hit something with them

#9 Rilee's~Mama

Posted 29 November 2012 - 10:53 AM

How terrible, sorry you and your little one had to go through that.

One thing I will suggest, document everything that happened (much like you did in your OP) on a stat dec, and give it to your insurance company.

Hopefully the crazy driver will have calmed down and do the right thing.



#10 *Kell*

Posted 29 November 2012 - 10:54 AM

Worse case scenario -
The insurers find you at fault. You pay your excess and your insurance company pays for both cars to be repaired (if hers needs any at all).

In between scenario -
The insurers find 'split' fault. You both pay either your full or part excesses. Your insurance company fixes your car.

Best case scenario -
The insurers find her at fault. She pays her excess and her insurance company pays to get your car fixed (or yours gets it fixed and claims the costs back from hers).

In this particular scenario, without witnesses, unless both insurance companies are feeling generous, I suspect the first two scenarios are more likely.
But keep fighting, don't change your story, and don't give in.

Good Luck.

#11 Maple Leaf

Posted 29 November 2012 - 10:58 AM

I'm wondering if this gets nasty they can look at her phone bill to see if she was on the phone or texting at the time she hit me?
Hmm...



#12 Fifi LaRue

Posted 29 November 2012 - 11:01 AM

How close were you parked to her?  Was there enough room in front of her to maneuver safely out of her parking spot?  There is a minimum parking rule, can't remember exactly the distance you must leave between cars.  After all that though, I agree with everyone else, let the insurance handle it, there is not much else you can do at this stage anyway.

#13 Maple Leaf

Posted 29 November 2012 - 11:07 AM

I didn't feel I was overly close to her. It was a parking area that she could drive straight out of, I never in a million years thought she would back up. Definitely there was enough room to walk comfortably between our cars and as I did walk between us to get to the veggie stand.
Thankfully she didn't back up when I was walking behind her car. lol.

She drives a holden captiva (she screamed at me that it was new, maybe she wasn't comfortable with the car yet?) but was surprised that the beeping back up alarm didn't go off. I drive a new Holden and it has that BEEP BEEP that goes off when I am backing up close to something.



#14 yabbadabbadoo

Posted 29 November 2012 - 11:37 AM

A few years back a similar thing happened to me and I didn't have to pay a cent.  A ute with a P plate pulled into the curb to park and started driving forward (there was about 20 metres of curb free).  I pulled in behind him and parked where I pulled in, all the while he was driving forward, so was at least 5 metres in front of me.  Suddenly he stopped and started reversing.  Clearly he hadn't seen me pull in and wasn't checking behind him as reversed straight into me, with a tow ball.  When he hopped out, it was a young tradie.  He was very apologetic, said it was his bosses car and don't worry, his boss would pay for it, not to go to my insurance company until he had spoken to his boss.  We traded details and I thought all was good.  This all happened on the 20th December.

My husband tried calling the number numerous times and nobody returned his call for ages.  It was the boss who said that his worker had done nothing wrong, it was my fault and that they had filed a police report.  By this stage it was January and all the smash repairers were closed and I had still not called the insurance company as I was expecting them to pay.  We went to the police and asked about the police report and nothing had been filed and according to the police, nothing could be filed.  

I called the insurance company to report it, but the guy said it all sounded suspicious to him and why should he take my word for it.  It was a long story and we were also moving interstate the following week so the car was going on a truck the next day to be taken interstate, so couldn't go to an assessment centre.  I said I know it sounds all too strange but they were the circumstances as they happened and I couldn't help the timing of it all, due to Christmas and the interstate move, it was all just very unfortunate.He told me to call back when I had moved.  When I called the insurance company back, the lady I spoke to was much more understanding and was not suspicious at all of my story.  She actually told me that they had already tried chasing it up and the other guy wasn't insured etc.  She said I was not to worry about it all, that they would be chasing him for costs etc.  I eventually got it to the assessment centre and it was fixed no questions asked.  I have never heard anything from them again, so I assume they eventually got him.

Hope it all works out OP, my story should give you a little bit of hope.  Honestly, it sounded so dodgy when i was telling the insurance company, but it was all ok in the end.

Edited by yabbadabbadoo, 29 November 2012 - 11:41 AM.


#15 Ally'smum

Posted 29 November 2012 - 11:56 AM

Fingers crossed but something similar happened to me and I ended up paying  for the other car's damage, even though he had hit me.

The mistake I made was being naive. The other driver filed a police report and had someone say they were a passenger and witnessed the accident, when there had been no passenger in the car.

They sued me and it ended up being cheaper just to pay than to engage a lawyer. I was so upset at the time, but it never occurred to me that someone would do that, so it was a hard lesson to learn.

I think you have done the right thing by going straight to the insurance company and let them take care of it for you.

Edited by loggedin, 29 November 2012 - 11:58 AM.


#16 Tigerdog

Posted 29 November 2012 - 12:04 PM

They will probably be able to tell from the nature of the damage which car was moving  and which was stationery and which direction her car was moving in.  It sounds like she's really sh*tty at herself for doing something so stupid and taking it out on you!  Don't let her get it over you.

#17 ~mimo~

Posted 29 November 2012 - 12:06 PM

QUOTE (Maple Leaf @ 29/11/2012, 12:07 PM) <{POST_SNAPBACK}>
She drives a holden captiva (she screamed at me that it was new, maybe she wasn't comfortable with the car yet?) but was surprised that the beeping back up alarm didn't go off. I drive a new Holden and it has that BEEP BEEP that goes off when I am backing up close to something.

Can be an optional extra. It's not something that all cars have. You can get it fitted to any car whenever you like. Doesn't make a difference that it's new.

Good luck. original.gif

#18 Therese

Posted 29 November 2012 - 12:07 PM

That sucks and I am sorry your DD was upset too.  Fingers crossed it gets worked out quickly insurance wise.

#19 José

Posted 29 November 2012 - 12:32 PM

About two years ago my car was hit by a bus that was reversing into an intersection. I assumed all was well until I got a letter from my insurance co. It said something like the other party had a different version of events  I was required to complete additional forms and draw pictures
I didn't hear from them after that so the additional information I provided must have been sufficient. Hope it works out for you

#20 Feral Alpacas

Posted 29 November 2012 - 12:49 PM

QUOTE (Maple Leaf @ 29/11/2012, 11:58 AM) <{POST_SNAPBACK}>
I'm wondering if this gets nasty they can look at her phone bill to see if she was on the phone or texting at the time she hit me?
Hmm...

This. Make sure you tell the insurance company to write down the time of the accident and that she was on her phone. It might push the insurance company to push fault on to her.

#21 IsolaBella

Posted 29 November 2012 - 01:11 PM

Even when you do have a witness ( third party - not related) people will still not tell the truth.

I was in an accident where I had the green light a a guy went straight through red light and hit me.

Insurance were going to 50/50 split blame before I reminded them a guy had kindly given his details as a witness who was stopped at the red light the other car drove through.

Suddenly there was no further call for a split.


So the worst case scenario is you pay your excess.



#22 Fairey

Posted 29 November 2012 - 01:26 PM

Bloody idiot. It's nutters like that who give the rest of us a bad name!!!
And your poor daughter. I can't believe this woman still went of her nut even with your daughter there.

Maybe if you're prepared to do a stat dec as well? Just to sort of "cover yourself" that bit more.

What a moron... why was she going backwards??!!
*take your bets here... 100 to 1 she was still on the phone...

Good luck, OP!

#23 solongsuckers

Posted 29 November 2012 - 04:30 PM

Yes I have had a situation where the other party lied.

We were driving on the highway at night and a moron coming the other way with no lights on side swiped me. Hit me right at my drivers side front wheel and took out the whole driver's side of the car.

Totally obvious he caused it, I would have had to already be sideways on the road to have caused the damage to my car.

All the details went through the police as I didn't see the other party at the time because we ended up a few hundred metres from each other and I was taken to hospital.

Wasn't until days later when I got hold of his details and contacted his insurance company that I found out he had said I hit him. I only had third party insurance on my car so I couldn't get my car replaced until I could prove that he caused it.

I had to go through a pain in the ass process of writing away to get the police report and it was about 4 months before I got anything for my car.

Wouldn't have been an issue if I had comprehensive as I would have just claimed it and let the insurance company fight about it.

#24 solongsuckers

Posted 29 November 2012 - 04:34 PM

QUOTE (loggedin @ 29/11/2012, 12:56 PM) <{POST_SNAPBACK}>
The mistake I made was being naive. The other driver filed a police report and had someone say they were a passenger and witnessed the accident, when there had been no passenger in the car.


Strange that they even counted a passenger's statement. When I had the accident where the other guy lied I had two people in the car with me, but the police and the insurance company basically said none of they said could be counted for anything because it had to be an independent witness.

#25 Unatheowl

Posted 29 November 2012 - 08:47 PM

QUOTE (SirDidymus @ 29/11/2012, 05:34 PM) <{POST_SNAPBACK}>
Strange that they even counted a passenger's statement. When I had the accident where the other guy lied I had two people in the car with me, but the police and the insurance company basically said none of they said could be counted for anything because it had to be an independent witness.


This is what my insurance company told me.

I am going through this right now.  Someone hit me in a car park and drove away.  I was stationary at the time.   Luckily I have independent witnesses who came forward and gave me their details.  Still, my insurer has prepared me for the fact that they may not be able to find the other party at fault, despite the witnesses.  They said to me that it was always difficult in parking lot situations.

I can kind of prove that I was stationary and he hit me by backing out simply from the position of the dent and the layout of the car park ( and then there is the witness!).  If you can prove you were stationary, they can't find you at fault.  You were basically  out of the car when she hit you?  Make a big point of that....that's a pretty big thing to lie about if she decides to.




1 user(s) are reading this topic

0 members, 1 guests, 0 anonymous users

 

Mum assists in own caesarean surgery

A mum who partly delivered her own twins during a caesarean has encouraged other women to take control of their birthing experience.

How to handle common childhood regressions

Regression can be a natural and common part of development prompted by a variety of factors, but that doesn't make it less frustrating.

Disgruntled dad's pram ad goes viral

When buying a second hand pram, there are lots of things to take into consideration. 

Man discovers he's a dad after finding 55-year-old letter

Discovering you are about to father a baby is startling enough - never mind finding out you have a 61-year-old son.

15 thoughts mums have during a tantrum

Ranging from mild to feral and triggered by events both minor and major, tantrums certainly keep life interesting.

Natural pain relief in the early stages of labour

While managing labour pains on your own can be daunting, there are a number of natural pain relief options to help you cope until you are admitted to hospital.

Forgotten Baby Syndrome claims the life of toddler

One baby dies every eight days in the back of a car in the US, victims of 'forgotten baby syndrome'.

For a brief time, I was touched by an angel

For a brief time, I was touched by an angel. You stole my heart, and changed me into the women I am today.

Chrissie Swan has reached her "sex quota"

Chrissie Swan says she and her partner have sex once a year due to her fear of falling pregnant.

Chinese woman gives birth to quintuplets

After six years of trying for a baby, a couple’s dreams have come true many times over after the mum gave birth to quintuplets this week.

Five-year-old shoots nine-month-old brother dead

A nine-month-old baby boy died on Monday after he was shot in the head by his five-year-old brother in their grandfather's home.

'Is that baby yours?'

She is my daughter. I gave birth to her. I nurse her. But she doesn't have any of my genes.

Episiotomy in childbirth: not just 'a little snip'

Episiotomies have a place in maternity care – and can occasionally save lives – but should not be performed routinely.

Toddler aggression not caused by language delays after all: study

The logic was that children who don’t have the language to fully express themselves will lash out when they’re misunderstood. Not anymore.

Why we chose to adopt a child with Down sydrome

Everyone in foster care (and really in life) has something that makes them more vulnerable. We just know what our son's is.

Object of desire

Curvy mums make clever babies

Scientists appear to have discovered why women have evolved to have more curves than men – shapely thighs and bottoms lead to healthier babies.

'We'll make sure they know how much she loved them'

A first-time mum will never get to hold her four newborns, dying shortly after giving birth to the quadruplets.

The baby names NZ knocked back in 2014

A New Zealander has tried to name their baby Senior Constable but didn't get away with it - and numbering children is also a no-no.

How can you go into labour without knowing you're pregnant?

For most of us, the idea that a woman could carry a child to full-term without knowing she is pregnant is mind-boggling.

Will you get to the hospital in time?

Worrying your baby will be delivered by the roadside is a common concern for many mothers-to-be. So how likely are you to be caught short?

Win an Octonauts prize pack

To celebrate the launch of Octonauts Live! Operation Reef Shield, a spectacular underwater adventure live on stage, we are giving away an amazing Octonauts prize pack to one lucky fan.

Download now: Essential Kids Activity Finder app

Got bored kids? Quickly find the best activities for kids wherever you are in Australia with the Essential Kids app.

 
Advertisement
 
Advertisement
 
 
 

What's hot on EB

Stars help save choking babies

It's an important lesson to learn, but one that busy new mums and dads might overlook until it's too late.

New Girl star Zooey Deschanel pregnant

Actress Zooey Deschanel is expecting her first child with her producer boyfriend Jacob Pechenik.

16 times 'dad reflexes' saved the day

Of course, in some cases they may be the ones who actually got their child into a precarious position in the first place, but we'll ignore that for now.

Couple's 'non-traditional' pregnancy announcement goes viral

Knowing you are not the father of your pregnant wife's baby would usually indicate a rocky relationship ahead for traditional parents.

The trials and tribulations of identical triplet newborns

Pip Donnelly is still playing spot the difference with her newborn identical triplets, Isabelle, Georgina and Frankie.

Win an Octonauts prize pack

To celebrate the launch of Octonauts Live! Operation Reef Shield, a spectacular underwater adventure live on stage, we are giving away an amazing Octonauts prize pack to one lucky fan.

Earthquake baby thriving five years on

Jenny Alexis is lucky to be alive after spending four days buried in the rubble of the 2010 Haitian earthquake, but now she's a thriving five year old.

Please don't say I'm lucky because I was adopted

On the one hand I was having a regular life with friends and sports and sleepovers and school. But I was also always wondering: Did my mother love me? What was wrong with me?

An open letter to non-parents who offer advice on child-rearing

Kitty, when you’re the parent of my child you’re welcome to wade in with an opinion – but until then, I’d prefer you to have a supportive ear and a glass of wine ready.

Couple arrested over baby gun video

A US couple faces charges after investigators say they found mobile phone videos showing the woman's 12-month-old daughter putting a handgun in her mouth.

NSW Health dumps 10-year limit on frozen embryos

A 10-year time limit on storing frozen embryos that were created with donor sperm has been dropped by the NSW government.

How my happy-go-lucky husband became a monster

Sharan Nicholson-Rogers watched her husband change from a happy-go-lucky police officer into an unpredictable man prone to violent and emotional outbursts.

Dads-to-be experience hormonal changes, too

Dads-to-be experience hormonal changes in line with their pregnant partners, a new study shows.

'They were just doing their job': mum of toddler killed in police chase gone wrong

"They were just doing their job. I feel so sorry for them. It is all just too sad."

Miscarriages to be formally recognised by NSW government

Women who miscarry will be able to obtain an optional "recognition of loss" certificate as a formal recognition of their often heartbreaking loss.

Cafe cubby house 'too noisy' for neighbours

Teenage parties, domestic disputes, or raucous late night pubs are the things that usually come to mind when you think neighbourhood noise complaints.

Dad films baby playing with snake

Most parents would not consider a snake an appropriate playmate for their baby, but a US dad who filmed his daughter playing with a python has defended himself against criticism.

Clever breastfeeding products

Check out this range of products designed to help make your breastfeeding journey more enjoyable, manageable and convenient.

 

Back to School Offer

Findababysitter.com.au

We've got you covered for this school year. Use www.findababysitter.com.au to meet local nannies now.

 
Advertisement
 
 
Essential Baby and Essential Kids is the place to find parenting information and parenting support relating to conception, pregnancy, birth, babies, toddlers, kids, maternity, family budgeting, family travel, nutrition and wellbeing, family entertainment, kids entertainment, tips for the family home, child-friendly recipes and parenting. Try our pregnancy due date calculator to determine your due date, or our ovulation calculator to predict ovulation and your fertile period. Our pregnancy week by week guide shows your baby's stages of development. Access our very active mum's discussion groups in the Essential Baby forums or the Essential Kids forums to talk to mums about conception, pregnancy, birth, babies, toddlers, kids and parenting lifestyle. Essential Baby also offers a baby names database of more than 22,000 baby names, popular baby names, boys' names, girls' names and baby names advice in our baby names forum. Essential Kids features a range of free printable worksheets for kids from preschool years through to primary school years. For the latest baby clothes, maternity clothes, maternity accessories, toddler products, kids toys and kids clothing, breastfeeding and other parenting resources, check out Essential Baby and Essential Kids.