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Car was hit
Insurance question?

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#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


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?

#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 FeralAlpacaWarrior

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?

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.

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