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[VIC] Someone tboned me claiming i ran a red light-advice?

Discussion in 'Politics, Laws, Government & Insurance' started by siddant, Dec 22, 2008.

  1. Hello Everyone,

    Couple of weeks ago I was riding home on a sunny monday evening eastbound towards blackburn on Cotham Rd. The signal was green and I was riding 60kph and as I was past the pedestrian crossing lines I got tboned by a green toyota camry. Obviosuly two of the on-lookers who were present at the scene came to my aid and helped me a lot. They gave me all their details and reassured me that they would even come to court if required. So I then rode to the police station and complained about the accident. ( I rode to nunawading police station since it was near my home and i felt more comfortable doing so). I called my insurance and told them about the accident.

    The day after I received claim forms from the insurance company and one of the section required me to complete a question which went along the lines of querying whether the other party involved was charged for the incident. So I called nunawading police station and spoke to the cop who took down my case. He said that there was no case number but it has been established that the other party was at fault and that a "failure to give way fine" will be sent to the party involved.

    I then sent off my forms with the same info and then today I have learnt from my insurance company that the other party involved is claiming that I have ran the red light and hence he hit me.

    In light of this, even though am dead sure that wasnt the case and I know that the party with the best counsel is going to win, I am posting this requesting other riders who have had to go through a similar situation to help me out with details of counsel they have used successfully.

    Thanks again for reading the long post.

  2. take it to court. you've got witnesses. screw the bastard

  3. Let your insurance company sort it out with the witness statements and court stuff.
    Don't YOU take it to court if you are fully insured.
    all you need to do is present the witness statements and the other party will drop his claim.
  4. Thanks Simon and Smee.

    I am still rue`ing the loss of a brand new triumph and all the gear, my laptop and phone from the accident.

    Atleast I know now that my insurance company has the capability to take care of it. I was worried to bits that I have to handle a court case.

    I guess its now a waiting game.

    tx again.
  5. That's one expensive accident, my man :shock:. You haven't said that you were hurt, but i guess you weren't.

    Did the vehicle hit you from the left or the right?

    Anyway, as smee says, let the insurance companies deal with this, they do it for a living :LOL:.
  6. + 1.

    That's what insurance is for (& why it costs so much).

    I nailed a car with my car several years ago which did a right turn in front of me and the driver & a witness (who couldn't see the lights I was facing anyway) claimed I ran a Red (which I didn't).

    I was looking at losing a $400 excess and after 2 years :shock: got my excess back when it was sucessfully argued that a vehicle turning right must give way to everyone else which saved a court case & me having to waste my time argueing the point.
  7. Good that you're OK

    This is one instance that a red light camera would have been handy.
  8. No not necessary. Its one instance where the OP can be thankful he had insurance.
  9. I am doing great. thanks Hornet. Walked away from it with a ankle sprain. was wearing full gear as i always do and that saved me heaps.

  10. Good to hear you are Ok Siddant. As others have said let your Insurance company decide on the legal staff. Give them all the details including the contacts for your witnesses. They will more than likely take on the other person if they are not their insurer as well.

    Hope you are back on the road soon.
  11. Re-iterating what others have said regarding passing on witness details and leaving it to the insurance company. If you haven't already, make sure the insurance company has details of all your gear that needs replacing and the laptop.

    It is coming out of the other insurance companies pocket, not theirs and shouldn't come out of yours.
  12. +1 There's no need to worry. The moment the driver's insurance company realises that the witness statements support your position they will just pay for the damage (and hopefully biatch slap their client for lying to them). Given that you have full comp, your insurer will make sure your bike is fixed/replaced without hesitation. :)
  13. Sorry to hear about the prang... I'm glad you're still walking!! That's a very very good outcome of a t-bone.

    Experiences like this are a good roadcraft reminder to approach any intersection with caution, cover brakes and look both ways. If there aren't stopped cars left and right, I'll slow down for a green.
  14. I'm going through the legal processes at the moment. Its slow but my car was fixed quickly.
    You'll both put in your forms. Then you'll be sent a copy of each others to comment on. I didn't have witnesses so I don't know when they contact them. Keep a copy of the original report so you can repeat what is necessary in response. DOn't change stories. There may be months delay in contact.
    They believe me and the other driver still denies liability so its now a battle between the insurance companies. I am a witness. Apparently its not a formal court. (here in vic anyway). Tell you in a few months.
  15. Hi, just seen your post. I had accident in October (in NSW) where the person who hit me claimed my fault. I only had 3rd party insurance (now changed to fully comp) - police should have attended but didn't due to them being busy. I won in the end, took me a long time (5 weeks) because I persevered - she lied - I took photographs (after the event) and told the truth and the same story. I had to badger the Police and I even wrote to my MP to get the Police to make a decision - in the end they issued her with an infringement notice - I learnt my lesson - I got fully comp insurance and hopefully I wont have another accident but if I do you can be sure that I will be taking photos (with my mobile) because at the time I thought it was 'cut and dried' it was her fault. If you have fully comp insurance leave it to them.. they will deal with it - you have witnesses and the TRUTH on your side. I wish you the best of luck - I've been there, it's stressful, traumatic and just plain bloody awful....
  16. and riding gear . posessions damged . anything damaged :wink: