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What do do after the Ooopsssssss! (Vic)

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by thetramp64, Oct 12, 2009.

  1. Ok the same issues keep coming up time and time again.
    So I thought it was a good time to put together a guide to what to do /not do when the black stuff (tyres) points to the blue stuff (sky) and not the tarmac as they should.

    GENERAL
    The following assumes that you are not unconscious / incapable or otherwise indisposed.
    If you are, there is nothing to stop a mate or good samaratin doing these things for you.



    (i) Swap names and rego. This is required by law.
    As well as the above, get his / her:
    1. Make
    2. Model
    3. Color
    Then make a note of time, date, place, weather etc.
    Believe it or not the extra details have won cases.
    DO NOT admit fault. EVER.
    (edited)
    I've had people ask me what you can say, and point out (rightly) that you don't want to "inflame" the situation.
    Neutral statements such as "we seem to have collided" are fine. Just don't say "oops sorry mate I colected you".
    (
    ii) Take pics. Trust me a phone pic is fine. The value of pics from an insurance / legal perspective cannot be overstated. There is nothing better than emailing a pic to the othersides insurance co. and following it up with a call that starts with: "OK, now we KNOW your client lied, when are you available for court................?"
    Trust me they don't hit court.

    (iii) Be very very careful what you say to the plod.
    Obviously you must answer most of their questions.
    Be VERY CAREFUL answering any questions that start with:
    1. Who do you think caused the accident......?
    2. What speed were you.....?
    The best answer to the last one especially is "I believe I was at the speed limit" or words to that effect.
    Never say you have no idea what speed you were going, and NEVER admit to speeding. They will record it and will hang you with it.

    (iv) On the Plod, be nice. Keep a nice attitude going. It irritates them, but works wonders.....:p

    (v) Contact your insurer ASAP (you are insured????).
    Even if it's the other persons fault, let THEM fight it out. Thats what you pay for. This of course is assuming that it's worth a claim.
    Don't forget however that even if you have a couple of hundred dollars worth only, the other side may have more.

    (vi) If you are unsure about dealing with an insurance co, ask someone who knows.
    DON"T admit fault to them either.


    SPECIFIC SCENARIOS

    Scenario 1: You have 3rd party property insurance only (as well as compulsory 3rd party personal injury of course, included in rego invoice in Vic.). You are involved in a collision with another vehicle, and you believe the other vehicle is at fault. Will your insurance company still help you get money out of the other driver/driver's insurance co.?

    Even if you have only 3rd Party, it's the other parties fault. Your insurance co should help you recover.



    Scenario 2: Single vehicle accident - do you have any responsibilities to contact anyone if there is no damage to anything? What if you/your bike/roadside furniture/private property is damaged?

    Technically, you are supposed to report "damage" to property or injuries..........
    If there is no damage or injury, it's not necessary.

    If your bike is damaged or you are injured (but no one elseis involved)its a bit of a grey area.
    TAC may insist on a police report.
     
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  2. Thanks very much for this - excellent advice. The few accidents I have been involved with that ended up going through insurance were greatly helped by me taking notes at the scene of the collision. My experience was that if I had photographs and notes taken on the day the other party's insurance company paid up without much fuss.

    (Caveat: these were car collisions, but I imagine that the same principle applies.)
     
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  3. great advice, I vote: sticky!

    it's difficult in the heat of the moment to remember these things, but I overlooked a few with my most recent accident, things I forgot:

    * take pictures at the scene!
    * get witness details
    * make notes
    * get the other parties car/make/model etc.

    fortunately none of these were detrimental to me (i won the case). maybe put a checklist in your wallet :)
     
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  4. Made this thread a Sticky
    Cheers Tramp.
     
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  5. Perhaps you could clarify a few things:

    Scenario 1: You have 3rd party property insurance only (as well as compulsory 3rd party personal injury of course, included in rego invoice in Vic.). You are involved in a collision with another vehicle, and you believe the other vehicle is at fault. Will your insurance company still help you get money out of the other driver/driver's insurance co.?

    Scenario 2: Single vehicle accident - do you have any responsibilities to contact anyone if there is no damage to anything? What if you/your bike/roadside furniture/private property is damaged?

    I'm sure some of the above has been covered before, but as this post is a sticky it might be useful to compile it all.

    Ta
     
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  6. On the subject of witnesses, I have had some success in asking a clearly sympathetic bystander if they would be happy to clarify events ( 'for the police' ), and getting their details. I would only volunteer such information in the event of a dispute, however, and if I was very sure of my ground.
    Neither insurance company (nor police) needed to contact the witness, but the fact that we had one was enough for the culprit's insurer to cave.

    Re single vehicle incidents with an injury: Do I understand correctly that health professionals are obliged to inform the police if they believe it is a road traffic injury?
     
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  7. Take photo's of any damage on the other vehicle that wasn't caused by the collision as this can help reduce any damage claim. You can even take a photo of the other parties drivers licence and if you can quietly take a quick pic of the other driver's face to make future identifcation easier (just in case). In this age of digital cameras it wont cost anything to take heaps of photo's.
     
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  8. +1 to a happy snap of the other driver's face.

    I had an incident a year or so back where the police were so moved by my sad tale of woe that they went well out of their way to go after a certain driver, pursuing the matter for well over a year.

    Unfortunately at the end of the day the driver denied he was the one driving and the whole thing fell apart. Without going into all the details, a pic of the driver would probably have made things a lot easier.
     
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  9. Great post; thanks Tramp, ya champ!

    What do you mean by iii.1 ? What if you are certain and want to state what you take as facts? "He caused the accident; he swerved into my lane without looking! I braked and honked but it was too late!" Do you simply mean be careful to say "he collided with me", rather than "we collided" or "my front then hit his rear"? Or do you mean something more?


    Not completely relevant to this, but practically relevant: you're comprehensively insured, you crash and need towing. Is this covered by your insurer such that you can just give them a call from the scene?
     
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  10. depends upon your insurance cover. Would be in your PDS.
     
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  11. First of all, thanks for the list Tramp. My addition to what you wrote is that from my personal experience 4.5 months ago, the TAC require a police report.
     
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  12. You might also want to exchange license numbers as that'll prove who the drivers/riders were.
    I recently had an off that was caused by someone cutting me off at a roundabout. I didn't hit his vehicle but I did come off the bike and luckily for me he admitted fault. I hope he doesn't get screwed by his insurer for doing so.
     
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  13. I can vouch from experience how important it is to take notes of the accident when the events are fresh in your mind.

    I once had a guy dispute the accident and was trying to take me to court. My insurer rang me out of the blue almost 18 months after this accident happened to ask me to submit a written version of events complete with diagrams.

    My version of events included many specific details such as where I was driving from, speed limits, time, cross streets, surrounding traffic, area of the damage and "direct quotes" from the other driver etc wheras they told me the other guys version of events had changed significantly since his initial report.
     
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  14. MOST insurance companies will cover "the reasonable cost of towing and removal of debris following a claimable accident". You USUALLY don't need authority from your insurance company to get a tow truck.

    Please read your PDS or call them and ask before you make any assumptions. This is general advice only.
     
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