Car Accident Issues

So what happens if the Audi had lapsed insurance?

Yeah, they wanted us to pay they excess before any work started.
We werenā€™t having it.

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I probably should have pushed it but it worked out in the end.

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Regarding the initial incident if the Audi had a tow bar fitted at the time serious complications as to whoā€™s at fault arises.
Be aware that leaving your tow bar and ball on the car when not towing and exposed leaves you liable if someone rear ends you. It is a traffic offence.
Happened to a friend.
Check this out with your police person friend or better still, talk to you insurance company.

Having driven a flat bed of a similar size to that, you wouldnā€™t believe the number of people who do try and sneak up the inside, when thereā€™s not even half a gap.

indicators and a ā€œdo not overtake turning vehicleā€ sign donā€™t do much to stop a really determined idiot.

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Yep. I got rear ended about 10 years ago, thought I was fine, ended up with a crook neck for a couple of years. Wasnā€™t anything serious - just needed about a year of osteo - but shouldā€™ve claimed it at the time.

Iā€™m pretty diligent at stopping when I see a bus indicating to come out of a bus stop, or slowing when a truckā€™s indicating to change lanes. Itā€™s a legal requirement, but if thereā€™s anyone behind me I reckon they honk at least 50% of the time. Audi, BMW and Range Rovers would top the list I reckon!

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Just to clarify I have no idea if the Audi had the wheels turned, only found out later from witnesses that she was stationary and had her blinkers on to turn right. Also it was the tradie car that hit us in the side after bouncing off the back of the Audi and into the on coming lane.
It was on a straight stretch of road on the Peninsula which used to be quiet until Peninsula Link opened. I used to happily ride my road bike down it, but now it scares the living crap out of me. You have to watch out for roos but it doesnā€™t seem to worry a certain type of driver and if you stick to the limit expect utes to be sniffing your bum at speed.
I generally take my grand kids to and from along it because itā€™s still visually pleasant, but never again.

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Yes I would reiterate that insurance companies will go to the ā€œRed Bookā€ value of the car - in the past this was often higher than the market price (i.e. you could usually buy a car cheaper) but it may not be at the moment with the inflated second hand prices.

Work out a price that would get you a like for like replacement from a dealer, and argue for that. Be prepared for some argie-bargie with the insurance company over this. However in this situation you have time on your side, in that the assessor just wants to move on to the next job and close it, so if it is a difference of, say, $500 they may well just fold and move on.

Then be prepared to chase the insurance company to send the damn cheque.

Or run it through insurance and let your insurance company have the discussion.

I was rear ended that way years ago and because I only had third party insurance, I had to handle it myself. It was a PITA but as I was a student at the time I had time to harangue them, so ended up getting the full red-book value, which was $2k more than I had paid 6 months earlier when I bought it ā€¦

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Interested what this offence is. The only thing I could find on vic roads re tow bar not in use is that it must not obscure the number plate.

Edit: it does say the tongue ā€˜shouldā€™ be removed when not towing, but doesnā€™t say itā€™s an offence not to (and nothing specific appears to be in the road rules, nor the roadworthiness requirements (June 2020) .)

Hereā€™s an astonishing thing on Vic Rods:

ā€œWhilst using a load-rated shackle isnā€™t mandatory, itā€™s a good idea to choose a shackle to suit your trailer and towing vehicle.ā€

WTAF?!

Negligence by turning her wheel. Thereā€™s no faulty but there really SHOULD be fault. If she had kept them straight ahead wouldnā€™t have swerved across the road. But hey, what do you expect when peeps are taught how to pass the licence test but not how to drive!

Either you havenā€™t understood @GRR ā€™s posts, or I havenā€™t.

My reading is the Ute rear ended the Audi, then the Ute bounced off, went across the road and hit GRR.

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A stationary vehicle is hit from behind by another vehicle which then goes on to strike another vehicle (the stationary vehicle does not hit the third vehicle), and the stationary vehicle is at fault??!!!

Bizarroā€¦

GRRā€™s initial post could be misread that the Ute hit the Audi, then the Audi hit GRR.
But was subsequently clarified.

Thereā€™s also nothing posted about having wheels turned. And I frankly doubt that people routinely stop waiting to turn with wheels turned. Unless they are waaaay over the line - and nothing was said to suggest this.

There may be something in it being better to have your wheels straight but Iā€™m not sure I understand how that makes you less prone to being shunted out into traffic. Any shunting if hit directly from behind would be straight in front ie toward the line of fire with straight wheels.

Edit: the scenario where there would be an issue us where you are preparing to turn across oncoming traffic - which this scenario wasnā€™t (I think). Then any off-line spin could push you into oncoming traffic so so a right turn across traffic (but not a left turn).

But for being shunted out into traffic going right to left in front of the stationary car (not oncoming): If your front wheels were angled then maybe the brakes would offer less resistance through tyre friction on the road, but this would be at least somewhat balanced by the need to soak up quite a lot of friction energy rotating the stationary car before it got translocated into the intersectionā€¦ as well in a direct hit, if the stationary car rotated - it would move slightly off the line of the car coming from behind, so more of the energy of the offending car would stay with the offending car rather than all be transferred into the stationary car as impact. This could mean a slightly more glancing blow (albeit twisting might not be great for injury), and less overall crash energy for the stationary car.

I donā€™t think itā€™s actually obvious that straight wheels are in fact better if you are to be struck from behind. But maybe thereā€™s good evidence.

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Depends if manual or auto, as well.
If youā€™re a manual, and itā€™s busy, you can sit there just holding it on the clutch, waiting for a gap. Ie no brake on.

But none of this seems to be relevant to the situation at hand.

I hate hate hate how they put both blinkers on when stopped rather than just the left ones ā€“ it makes it much less obvious when they ANNOUNCE* theyā€™re pulling out.

*shouldnā€™t be capitalised

Yeah they donā€™t do this just at a stop, only when parked for an extended period like seems to happen at the local train station. You slow down ready to stop and THEN get line of sight on the other blinking light. Why do they need any lights on at all? Until they go to move they are just a parked vehicleā€¦

Ask for and call the mobile number the otther party/ies give you when still at the scene and wait for them to answer.

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Hit me a DM if you need anything here. Im a motor claims officer and have been for 20 years. Can do some VIN searchers on Glasses guide for you and see what market rate is.

Best to get 3 vehicles same same off carsales to show for comparison. You wont get exactly what they are selling for as anyone can overprice their vehicle. Glasses guide will help.

You are 100% not at fault and your insurer should have lodged a claim for you and handled the whole thingā€¦jerks. haha

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