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VIC Supposedly scraped car while filtering

Discussion in 'Politics, Laws, Government & Insurance' started by NotOnMeth, Sep 24, 2015.

  1. #1 NotOnMeth, Sep 24, 2015
    Last edited: Sep 24, 2015
    Hi Guys,

    So this morning on my commute in I was filtering through traffic I pulled in front of a stationary car I just passed. I felt myself get a bit of a nudge from behind and looked back to see some guy giving me a dirty look. Further up the traffic the guy comes and taps me on the shoulder and says I scraped his car (he'd got out and walked up). I tell him to meet on the side of the road and we pull over.

    I was freaking out and didn't want to start a fight so didn't ask him about it. He starts claiming I leaned on his car with my muffler and he has a witness to prove it. He asks to see my licence so I let him take a photo of it. (I also got his licence) I know I shouldn't have let him, but I was just freaking out a little bit. I didn't actually admit any guilt, but I know I didn't hit this guy. He rolled into me! I'm pretty sure he was just pissed off that he damaged his car trying to be a smart arse.

    Now I know I was filtering, but I also know he rolled into me! Not the other way around. He's saying he's going to send me a quote so insurance doesn't get involved, but I know I didn't hit this guy.

    Any help? Should I contact my insurance company?
  2. Did you look for damage? is there paint on your muffler? its he said/you said, Go to the cops and give a statement before he does.
    • Agree Agree x 1
  3. There were some slight scratches on the bumper, which were probably from when he nudged me. I was filtering just before he nudged me, which is why I don't want to go to the cops.

    I got his phone number. Should I just message him and tell him to piss off and that he nudged me?
  4. you could try, but that could go pear shaped for you, depending on the guy.
    If the damage was slight, there's a chance it'll just buff out ( unless it went through the paint). depending on the car/damage/guy you might offer a small amount for his trouble. But if you are adamant you did no wrong and he, in fact, nudged you, you can dig your heels in an ride it out.
  5. a.) If you have insurance, and there is damage to your bike, then put a claim against him if he caused the damage, you can always withdraw the claim. Failing that pay a lawyer to do you up a letter of claim.... They are scarier than you.


    b.) Make a police report with just the facts, and if it is accurate, tell them you are being intimidated, and your scared. The fact you were filtering is immaterial to your being threatened or scammed.

    Walk the line on this, he has your home address, you gave it to him, and if he's psycho enough to hit you with his car and blame you, then well ......

    On the Other hand, if you are responsible, and don't want to admit it, then that's your issue.
    • Like Like x 1
  6. As said above it is a he said she said type of deal. Having a witness only really helps if they are independent. Him having a passenger give a version wouldn't hold much weight.

    My only concern is that if you try to defend it your version of events may not help. Your version states you filtered passed a stationary car, stopped then felt a bump and a guy giving you a dirty look. A third party would look at the version and question as to what would be more probable.
    - A stationary car sees a motor bike pull up in front of them then decides to move forward and deliberately hit it.
    - A motorbike filtering slowly through traffic clips a car.

    The second sounds more probable from an insurer perspective. Depends on your insurer though if you want them to help you out.

    Please note that I believe what you are saying is the truth, just offering a different point of view.
    • Like Like x 1
  7. Thanks for the responses guys.

    I ended up getting on the front foot about it and contacted the police and my insurance. The insurance rep seemed to think because it was on the front panel of the car and not side so I should be ok, but it all depends. There was no damage to my bike at all as it was the muffler and back wheel he nudged.

    Also the scratches on his car were vertical and not horizontal, so it would have to have happened stationary, otherwise they'd be horizontal.
    • Agree Agree x 2
  8. You are right regarding the type of damage. If you glanced his car while moving the damage would be horizontal scratches.
    I know you were probably quietly shitting yourself (that's the impression I'm getting from your post anyway) but were you able to get a pic of the damage to the car.
    • Agree Agree x 1
  9. I stupidly didn't. I just wasn't thinking straight at all. So annoyed at myself. There's not even a mark on my muffler it was so minor.
  10. #10 NotOnMeth, Sep 24, 2015
    Last edited: Sep 24, 2015
    The guy just sent me a text of the damage to his car, which shows the vertical scratches. He is claiming that I was in front of him and rocked the bike down the corner of the bumper with my muffler as I stopped. This definitely didn't happen as it was enough of a push to make me jerk my head around give a death stare.

    The guy is being pretty friendly about the whole thing, which is leading me to believe he doesn't even realise he rolled into the back of me.
  11. It depends on what kind of damage/scraping is actually done to the car. If it's on the front of the car and not on the side, it is not that likely that it was caused during filtering.
  12. Definitely on the front bumper. He is saying that I somehow pulled up in front of him and then dropped the muffler down the panel. I don't think it's even possible as I'd have to of been basically sitting on the bonnet!
  13. If he does not want to get his insurance involved then that is great, tell him to sue you for it. Cops won't do anything either this is a civil matter and no one was hurt, intoxicated and no vehicle was un-drivable after the accident.

    I went through a similar matter once when I was in the right and did not have full comp, I had to get a lawyer to threaten legal action before he coughed up. I still had to pay legal fees of $450 which were unrecoverable.

    Wait for the quote and see what it comes to, I cant for the life of me see how you could scratch his car with your muffler and you not know about it.
    • Agree Agree x 2
    • Like Like x 1
    • Informative Informative x 1
  14. I think he will have a hard time getting my insurance company to cough up. The scratches are on the front bumper of his car and I don't believe that he actually has a witness. If he does, as if they would want to be involved over a scratch on a car?

    I'm hoping he just cuts his losses.
    • Agree Agree x 1
  15. Keep the txt he sent you !!! His side of events appear highly unlikely.
    • Like Like x 1
    • Agree Agree x 1
  16. OK, if you were passing stationary traffic then what you were doing was legal: don't get concerned that you were "filtering". Read up Vic Road Rule 141.1.c which allows you to pass stationary traffic on the left within a marked lane, and it is legal to pass on the right anyway within a lane even for moving traffic.

    So don't fret that you were in the wrong by passing him and stick up for yourself.
    • Like Like x 3
    • Informative Informative x 1
  17. That's great to know. Well the guys is going to have to try and convince his insurance that I leant my muffler on front of his car. I will be surprised if he follows through with it.

    What a crappy morning!
  18. Yeah, his description of the accident seems shaky(considering your description is accurate) so if he will not be able to produce a reliable witness he doesn't have a very good chance convincing anyone you were at fault. Given the damage to his car is most likely insignificant, he might try to intimidate you into cough up a couple of hundreds to settle this out of court. But if you will stand your ground and insist it was he who was at fault I expect him to give up rather quickly.
  19. Yeah. Fingers crossed he doesn't have a witness who is going to out and out lie on his behalf. I can't understand why someone would do that, so I think I should be fine.

    Can he try and send me damages outside of the insurance process? I thought if I don't want to get involved personally, that's what my insurance is for?
  20. Well, he can if he has your address. You can then forward that to your insh company if that's your plan(and I suppose you can even let the cops know he is harassing you if he will keep writing to you personally in this case) or you can refuse him in writing if you're adamant he was at fault but don't want insh company involved.