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David ![Libra Libra](templates/subSilver/images/icon_mini_libra.gif)
![](images/transdot.gif) to wish impossible things
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![](images/transdot.gif) Joined: 27 Jul 2003 Location: the edge of the deep green sea
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Post subject: Dilemma | |
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As I posted in the 'what pisses you off?' thread yesterday:
Quote: | Being involved in a car accident yesterday afternoon.
My car is still driveable, but practically a write-off, and the other driver is missing a chunk out of the front-right part of their brand new car, from the accident that was technically caused by me. Guess who doesn't have insurance? Me.
Add to that the fact that I've now been unemployed for 2 months, and applied to go on the dole yesterday morning after spending my last pennies on (how ironic) petrol.
I'm not even sure 'pissed off' really covers it. Try horribly miserable, perhaps. |
The accident itself was caused by me turning right at a T-intersection, and being struck by an oncoming car (on my right side) going straight through. It was an unfortunate incident as I really didn't have a lot of visibility, but still, as it was her right of way I seem to have little choice but to accept responsibility for the accident.
I was called by AAMI (the woman's insurance company) yesterday, and told them my version of events. The woman on the phone asked me if, then, I accepted culpability. I said yes, which means that I now have to repay the insurance company for the repairs they do on the other vehicle.
My girlfriend's mum was talking about it last night, and she reckoned that I should have said no - she is of the opinion that the other driver didn't take appropriate evasive action, considering how heavily my car was hit (I'll post photos later).
I asked what path that would lead me down if I was to call up and say I'd changed my mind on my declaration of culpability. She said that it would then go to the courts, and, given my employment status, I should receive free legal aid.
Now, I am really doubtful about all this. Although I have the defense of lack of visibility (the intersection is near the point of both a crest and a sharp turn in the road), I don't see how I could ever prove that the other driver did anything wrong, and however you look at it, I was the one in the position of having to give way to all traffic.
So, as far as I can see, any court case would be a waste of time. The argument my girlfriend and her mother are both using is that it's a no-lose situation for me. If I lose the case, I'm only back where I am anyhow. I'm not completely sure of that - the insurance company, from my limited knowledge, can give me certain privileges for being unemployed, and I am afraid I might lose those should I fail in my case. Also, having to repay a company that hates your guts for dragging them into court probably isn't the best situation I can imagine.
I'm posting this on here because I really have no-one to turn to. My girlfriend's mum has made her position adamant, and my girlfriend seems to think I would be a moron to do anything but follow that advice. My conservative parents, on the other hand, view most legal action as undesirable, and would almost certainly give me no support whatsoever if I went ahead with a court case.
So, what should I do? _________________ "Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange |
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Dave The Man ![Scorpio Scorpio](templates/subSilver/images/icon_mini_scorpio.gif)
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![](images/transdot.gif) Joined: 01 Apr 2005 Location: Someville, Victoria, Australia
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You Really should of said NO Dave because You have to pay for it.
Try and Take it Back and say it's not your fault
Insurance Company are Pricks and try and get out of paying anything ![Evil or Very Mad](images/smiles/icon_evil.gif) _________________ I am Da Man |
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David ![Libra Libra](templates/subSilver/images/icon_mini_libra.gif)
![](images/transdot.gif) to wish impossible things
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![](images/transdot.gif) Joined: 27 Jul 2003 Location: the edge of the deep green sea
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and here is the state of my poor car
![](http://i192.photobucket.com/albums/z31/SomethingSparkley_x/DSCF1647.jpg) _________________ "Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange |
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HAL
![](images/transdot.gif) Please don't shout at me - I can't help it.
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![](images/transdot.gif) Joined: 17 Mar 2003
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I fail to see the relevance of that allusion. Tell me about your likes and dislikes? We have never talked about it before. Do you have any conditions I should know about? How old are you? Are we still talking about jpg[IMG]
[IMG]httpi192? What do you do in your spare time? |
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David ![Libra Libra](templates/subSilver/images/icon_mini_libra.gif)
![](images/transdot.gif) to wish impossible things
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![](images/transdot.gif) Joined: 27 Jul 2003 Location: the edge of the deep green sea
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as for the damage to the other car (a new-model Toyota large family car), the only visible damage was the area around the front-right indicator light and downwards... which was all pretty much smashed in. However, the woman also had trouble opening her door, and there was some water leakage as well. _________________ "Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange |
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Dave The Man ![Scorpio Scorpio](templates/subSilver/images/icon_mini_scorpio.gif)
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![](images/transdot.gif) Joined: 01 Apr 2005 Location: Someville, Victoria, Australia
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Looks Like it was Her Fault as The Photo's show here driving into your Side.
You have a Good Case for Her to pay for it _________________ I am Da Man |
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David ![Libra Libra](templates/subSilver/images/icon_mini_libra.gif)
![](images/transdot.gif) to wish impossible things
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![](images/transdot.gif) Joined: 27 Jul 2003 Location: the edge of the deep green sea
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Does anyone else agree? _________________ "Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange |
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spoljar ![Libra Libra](templates/subSilver/images/icon_mini_libra.gif)
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David, there are moment in your life when you have to take it by the scruff and take responsibility for your own actions. I think this may be one of them for you.
At the end of the day, it appears that you had to give way and she had the right of way. Therefore its clearly your fault.
We are a society built on blaming everyone else, dont add to it Mate. If you are unemployed, I would imagine you can come up with some arrangement with the insurance company to pay a small amount each week. Communication is the key with them Mate and see if you can come up with an amicable solution with them.
Going back years ago, I had an accident with some hippies that were on unemployement benefits with no car insurance at all. They paid back $5 dollars per week to my insurance company until the repair bill was paid off. |
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Dale61
![](images/transdot.gif) You can't have manslaughter without laughter.
![](images/transdot.gif) Joined: 17 Apr 2002 Location: /home/room/chair
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With you having admitted fault, don't be surprised if the insurance company now declares her car a write-off. Especially as you will now be paying for it.
The lesson here: NEVER admit fault, no matter how minor. _________________ Whale
Oil
Beef
Hooked |
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David ![Libra Libra](templates/subSilver/images/icon_mini_libra.gif)
![](images/transdot.gif) to wish impossible things
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![](images/transdot.gif) Joined: 27 Jul 2003 Location: the edge of the deep green sea
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Thanks for the comments guys.
I figured it couldn't hurt to actually ring up the insurance company and ask about my options, so I did. As I suspected, there would be little or no grounds for me refusing liability, as the road rules showed I was in the wrong. During the phone call I also managed to get a quote on the damage - $4822.50, to be exact. Not nearly as much as I was afraid it would be.
Of course, I'm going to have to find a job more than ever now, but I think that price is certainly within my range, once I become employed again. Still might take a year or two to pay off, though. _________________ "Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange |
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OEP ![Pisces Pisces](templates/subSilver/images/icon_mini_pisces.gif)
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![](images/transdot.gif) Joined: 12 Jan 2007 Location: Perth
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Putting it simply if your at a "give way" sign it's your responsibility to give way to oncoming traffic. Trying to use a defense of "poor visability" at that intersection won't make any difference because the obvious come back to that is "you should have been more observant and cautious".
The other problem with legal action is that if you lose you may be liable for the other parties legal costs.
Quick question - did you, or are you, filing a Police accident report. From my understanding insurance companies require proof the matter was reported to Police from the insured party (or at least that would be the situation in WA). _________________ A Collingwood supporter since the egg was inseminated. |
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Dale61
![](images/transdot.gif) You can't have manslaughter without laughter.
![](images/transdot.gif) Joined: 17 Apr 2002 Location: /home/room/chair
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Upon closer inspection of the photos, I can now see why you had visibility problems.
Do you always drive with your driver's seat like that? _________________ Whale
Oil
Beef
Hooked |
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Dr Pie
![](images/transdot.gif) Dr Pie
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It is probably a case of shutting the stable door after the horse has bolted but could I suggest that David and other people in his situation should get extended third party or "bomb" insurance. I assume that this option still exists.
Back in the early seventies when I was a post-grad student and occasional member of the unemployed, I used to drive an old Morris Minor which was a great car but had a market value of 3/8ths of 2/3rds of sweet fanny adams. I took out extended third party insurance in case I backed my valueless car into a Mercedes Benz or equivalent. It didn't cost much and made me feel much safer financially. _________________ Born and raised in Black and White |
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David ![Libra Libra](templates/subSilver/images/icon_mini_libra.gif)
![](images/transdot.gif) to wish impossible things
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![](images/transdot.gif) Joined: 27 Jul 2003 Location: the edge of the deep green sea
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OEP, I have filed a police report.
Dale, the seat was knocked back like that in the crash, probably because the lever was damaged. Most of the area around where I was sitting actually got kinda squished in.
Lol, and, no, I don't drive like that. ![Razz](images/smiles/icon_razz.gif) _________________ "Every time we witness an injustice and do not act, we train our character to be passive in its presence." – Julian Assange |
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Dale61
![](images/transdot.gif) You can't have manslaughter without laughter.
![](images/transdot.gif) Joined: 17 Apr 2002 Location: /home/room/chair
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I only asked because a neighbour here drives like that.
First thing I'd do is take your car to a wreckers and get something for it whilst you still can. If, as assumed, the B pillar has been bent, then it's likely the body is now also out of alignment.
Any money you get should be paid to the insurance company to get your repayments started, and as a sign of good faith. Maybe keep a little bit and buy yourself a bicycle as you'll be needing transport to get to work. _________________ Whale
Oil
Beef
Hooked |
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