Jump to content


Recommended Posts

Posted (edited)

Hi guys and girls,

I need your opinions or feedbacks on what can be done.

I was driving around Vic Park Shopping Center parking lot (Perth) looking for parking. Suddenly, I spot one and thought 'oh score!' and decided to reverse park into it.

I went in about 1/2 of the way, and checked my right hand side of the mirror realising I was too close to the car on my right....therefore I straightened back out a little to go back into again. I moved forward so about 1/3 of my car was still in the bay, put it in reverse and without moving *BANG*.

Some chick (in her late 20's early 30's) drove through the otherside of the parking bay, and into mine. I got out of my car and her first reaction was 'DON'T YOU LOOK MATE?!?!' to which I just exploded and said WHAT THE FU(K ARE YOU SERIOUS???

Let me help paint a more clearer picture. My car is car 1, and her car is car 2.

Untitled-1.jpg

Anyway, she calmed down and I calmed down. Took down her details and she said it's her company car so she said just claim it against her insurance. I thought, oh well I got her word I don't need any witnesses nearby.

2 weeks later I call my insurance up to realise she accused me of backing into her car. She said she had gone too far into the bay and decided to back up a 'little'. (i.e. she was in my bar front on, drove too far forward and decided to back up.) Ummmm okay?!?!?!?! Then how do you explain why my car was 1/3 of the way in?!?!? or 1/2 in to start with!!!!

I was stupid enough to take her word for it I guess, but I seriously cannot believe somebody can just lie like that. Does anyone (Lawyers anyone here?!?!) know what I can do in my situation??

I reported it to the police straight away and made a statement, so I guess I made the initiative to let them know of the incident. To those wondering why I didn't take photos, yes I am also stupid because it was a shopping center and cars were coming in and out honking like mad so I decided to move.

That was silly on my part, I realise. But really, anyone who has been in similar situations and came out it on top? I'm thinking of taking this to the court if it doesn't settle, because that is really rather petulant of her...resorting to tactics like lying and not sticking to her word.

My excess is $780 and replacing the bumper will cost about $1000. If I end up having to paying for it, I'd rather pay for it myself than losing my no claim bonus.

Thanks in advance for the advise people will give.

Regards,

Jase

Edited by Jaaassseeee
Posted

She probably tried to stick to her word, but folded like a paper plane when on the phone to her insurer. Some people are weak-willed. You are sure you have no witnesses at all?

Posted

When I reported it to the police, the copper mentioned that whoever was in the car with you cannot be a witness. My gf was in the car with me...but I'm guessing worse comes to worst they'll dig that up.

Hopefully there will be cameras at that carpark, but unlikely.

I'm banking on that now...

It's fustrating no matter how much I earn, it's still pointless to throw money at something to fix even though it's not my fault. People should pay for their own mistakes...

Posted

I'm a firm believer in Karma. I think that's why I'm no longer so quick to be another persons judge and jury. I'm sure that she will end up in a predicament of her own, very soon.

See how you go, but should you get the stiff end of the stick, be calm and take it on the chest. She won't be as lucky next time methinks.


Posted

There is a lesson in that. Ring your insurance company straight away, the first one in usually gets their way. Have you tried telling your insurance company the story and firmly put your foot down that it is not your fault, don't be hesitant about it. Tell the story without any 'I guess' or 'I think that she'. If they believe you they will sort it out.

Posted
There is a lesson in that. Ring your insurance company straight away, the first one in usually gets their way. Have you tried telling your insurance company the story and firmly put your foot down that it is not your fault, don't be hesitant about it. Tell the story without any 'I guess' or 'I think that she'. If they believe you they will sort it out.

I wish it worked that way mate, because that's exactly what I did.

Within 2 hours of the incident I've reported it to the police and rang my insurance company informing them of what happened.

The response I got was "Unless you have a witness outside of the car, you're both (other car and mine) liable for your respective damage. Not even photos taken would be good enough."

I find that ludicrous to say the least. What if you're out somewhere faraway in the country where there are no witnesses?

I believe I've pretty much done everything I could except for trying to find a witness, to which it'd be hard since everyone was too busy buggering off back to their households after work/shopping.

Posted
There is a lesson in that. Ring your insurance company straight away, the first one in usually gets their way. Have you tried telling your insurance company the story and firmly put your foot down that it is not your fault, don't be hesitant about it. Tell the story without any 'I guess' or 'I think that she'. If they believe you they will sort it out.

I wish it worked that way mate, because that's exactly what I did.

Within 2 hours of the incident I've reported it to the police and rang my insurance company informing them of what happened.

The response I got was "Unless you have a witness outside of the car, you're both (other car and mine) liable for your respective damage. Not even photos taken would be good enough."

I find that ludicrous to say the least. What if you're out somewhere faraway in the country where there are no witnesses?

I believe I've pretty much done everything I could except for trying to find a witness, to which it'd be hard since everyone was too busy buggering off back to their households after work/shopping.

Nelson was there.

He told me.

Sorry, seriously though, wrath cometh to the instigator. I can picture something rather bad happening to her in the not so distant future.

Good luck sir.

Posted
Nelson was there.

He told me.

Sorry, seriously though, wrath cometh to the instigator. I can picture something rather bad happening to her in the not so distant future.

Good luck sir.

Hahahaha I don't want something extremely bad happen to her....she just needs to learn her lesson. For some reason I feel as though I can get her though, I have a feeling theres cameras around the parking lot.

Hmmmmmmmm....If there happens to be one I'm gonna sue her too for making a false accusation and causing undue distress to my life. Wooooooo! :yahoo:

Posted

always report accidents to the police and your insurer right away as soon as possible ive had similar situations one where the guy simply drove off cause his car was fine i didnt pay a cent but then it wasnt my fault it all comes down to who reports it first

Posted
Hi guys and girls,

I need your opinions or feedbacks on what can be done.

I was driving around Vic Park Shopping Center parking lot (Perth) looking for parking. Suddenly, I spot one and thought 'oh score!' and decided to reverse park into it.

I went in about 1/2 of the way, and checked my right hand side of the mirror realising I was too close to the car on my right....therefore I straightened back out a little to go back into again. I moved forward so about 1/3 of my car was still in the bay, put it in reverse and without moving *BANG*.

Some chick (in her late 20's early 30's) drove through the otherside of the parking bay, and into mine. I got out of my car and her first reaction was 'DON'T YOU LOOK MATE?!?!' to which I just exploded and said WHAT THE FU(K ARE YOU SERIOUS???

Let me help paint a more clearer picture. My car is car 1, and her car is car 2.

Untitled-1.jpg

Anyway, she calmed down and I calmed down. Took down her details and she said it's her company car so she said just claim it against her insurance. I thought, oh well I got her word I don't need any witnesses nearby.

2 weeks later I call my insurance up to realise she accused me of backing into her car. She said she had gone too far into the bay and decided to back up a 'little'. (i.e. she was in my bar front on, drove too far forward and decided to back up.) Ummmm okay?!?!?!?! Then how do you explain why my car was 1/3 of the way in?!?!? or 1/2 in to start with!!!!

I was stupid enough to take her word for it I guess, but I seriously cannot believe somebody can just lie like that. Does anyone (Lawyers anyone here?!?!) know what I can do in my situation??

I reported it to the police straight away and made a statement, so I guess I made the initiative to let them know of the incident. To those wondering why I didn't take photos, yes I am also stupid because it was a shopping center and cars were coming in and out honking like mad so I decided to move.

That was silly on my part, I realise. But really, anyone who has been in similar situations and came out it on top? I'm thinking of taking this to the court if it doesn't settle, because that is really rather petulant of her...resorting to tactics like lying and not sticking to her word.

My excess is $780 and replacing the bumper will cost about $1000. If I end up having to paying for it, I'd rather pay for it myself than losing my no claim bonus.

Thanks in advance for the advise people will give.

Regards,

Jase

mate this similar incident happend to my mum.....u prob already know the witnesses are key...bt if not...u shld get a photo (most ppl have camera phones)....this same thing happnd to my mum...she was stationary some1 sideswipes her...at first hes like my fault....then told his insurance company another story....so always try to resolve the incident at the scene, perhaps even gettin her to sign a statement saying it was her fault and even getting the cops at the scene....mate ill jst stick by ur story and perhaps even put in a police report (if u put in a police report it suggests that u know ur not at fault)...good luck mate...

Posted
what's her car make/model and license plate. i'll keep alook out :g:

Hahahaha I could give you her address too if you want :yahoo:

It's one of those newer looking Ford Falcons I'll give you that :)

Now don't you go smashing every Falcon now buddy :P

Posted
what's her car make/model and license plate. i'll keep alook out :g:

Hahahaha I could give you her address too if you want :yahoo:

It's one of those newer looking Ford Falcons I'll give you that :)

Now don't you go smashing every Falcon now buddy :P

ford drivers.. pfft.. not much better then the holdens are they?

Posted
what's her car make/model and license plate. i'll keep alook out :g:

Hahahaha I could give you her address too if you want :yahoo:

It's one of those newer looking Ford Falcons I'll give you that :)

Now don't you go smashing every Falcon now buddy :P

ford drivers.. pfft.. not much better then the holdens are they?

Not as bad as Corolla drivers :P

And Jase you go son, if you need any help you know where to go....this forum lol

Posted

If I was in your shoes I would get really really angry with your insurance company, Since the cost of repair is so close to your access I would even threaten to cancel your insurance policy and threaten to go to a current affair type TV show. (I am not sure who they are in Perth) I would not pay them 1 cent in access as you have nothing to loose.

You have rememeber with insurance companies (and other large organisations) that they have delt with many customers in your situations like yours and hence they are very good in disarming you.

Keep persisting and you will get your way. Just do not take no for an answer. If you are in the right just keep making a lot of noise until they listen.

what's her car make/model and license plate. i'll keep alook out :g:

Hahahaha I could give you her address too if you want :yahoo:

It's one of those newer looking Ford Falcons I'll give you that :)

Now don't you go smashing every Falcon now buddy :P

ford drivers.. pfft.. not much better then the holdens are they?

Not as bad as Corolla drivers :P

And Jase you go son, if you need any help you know where to go....this forum lol

Posted
Hi guys and girls,

I need your opinions or feedbacks on what can be done.

I was driving around Vic Park Shopping Center parking lot (Perth) looking for parking. Suddenly, I spot one and thought 'oh score!' and decided to reverse park into it.

I went in about 1/2 of the way, and checked my right hand side of the mirror realising I was too close to the car on my right....therefore I straightened back out a little to go back into again. I moved forward so about 1/3 of my car was still in the bay, put it in reverse and without moving *BANG*.

Some chick (in her late 20's early 30's) drove through the otherside of the parking bay, and into mine. I got out of my car and her first reaction was 'DON'T YOU LOOK MATE?!?!' to which I just exploded and said WHAT THE FU(K ARE YOU SERIOUS???

Let me help paint a more clearer picture. My car is car 1, and her car is car 2.

Untitled-1.jpg

Anyway, she calmed down and I calmed down. Took down her details and she said it's her company car so she said just claim it against her insurance. I thought, oh well I got her word I don't need any witnesses nearby.

2 weeks later I call my insurance up to realise she accused me of backing into her car. She said she had gone too far into the bay and decided to back up a 'little'. (i.e. she was in my bar front on, drove too far forward and decided to back up.) Ummmm okay?!?!?!?! Then how do you explain why my car was 1/3 of the way in?!?!? or 1/2 in to start with!!!!

I was stupid enough to take her word for it I guess, but I seriously cannot believe somebody can just lie like that. Does anyone (Lawyers anyone here?!?!) know what I can do in my situation??

I reported it to the police straight away and made a statement, so I guess I made the initiative to let them know of the incident. To those wondering why I didn't take photos, yes I am also stupid because it was a shopping center and cars were coming in and out honking like mad so I decided to move.

That was silly on my part, I realise. But really, anyone who has been in similar situations and came out it on top? I'm thinking of taking this to the court if it doesn't settle, because that is really rather petulant of her...resorting to tactics like lying and not sticking to her word.

My excess is $780 and replacing the bumper will cost about $1000. If I end up having to paying for it, I'd rather pay for it myself than losing my no claim bonus.

Thanks in advance for the advise people will give.

Regards,

Jase

Hi Jase

I work in Sydney at a law firm. We have a case at the moment quite similar but our client actually has a witness.

It will be very hard for you to prove that she was in the wrong without any evidence i.e witnesses, pictures or video footage.

I would say you should really investigate with the centre and see if they can pull up the footage and hope for the best the cameras cover the section the incident occured in first, be quick tho coz they only hold footage for a small period of time.

If you have no luck with that and you want to take it further you should seek legal advice if you cant afford it you can always go for legal aid. I will say it is going to be VERY hard for you without evidence as its one persons word against the other.

In any event the insurance wont cover you and thats probably the best option in this case when you weigh up the excess cost and the increase of fees over the year.

The insurance company is within thier rights to refuse your claim as you have no way of proving that the damage was caused the way you say it did and cannot prove it was not done on your own accord, insurance is a tricky business and in most cases seems like a waste of money as u pay so much for it but in these cases are not covered.

To reduce costs in repair maybe you could try pick & payless or something like that. in the event you cant get anything out of her.

You should in any event get three quotes to repair your car then write her a letter stating you have sought legal advice and are advised that she is liable, enclose copies of the quotes and ask for payment within 14 days of the date of the letter or you will be initiating court proceedings.

See how you go with that in some cases people freak out at the additonal costs of legal representation and soforth.

but do it quick or you wont have a leg to stand on.

Hope ive been of some help. let me know how you go.

MzZ Sportivo.

Posted

that was well written Mzz! dude if u follow wat she had written up...i think u can win this! i luv the idea about mailing her the quotes, it shows that u know u werent in the wrong and that would really get her nervous...dont forget to also say that you have also put in a police report...that should also help...good luck mate tell us how it all went!

Posted

Do what Mzz said and stick it up her Jasie.(the person who you had the accident with)

that was well written Mzz! dude if u follow wat she had written up...i think u can win this! i luv the idea about mailing her the quotes, it shows that u know u werent in the wrong and that would really get her nervous...dont forget to also say that you have also put in a police report...that should also help...good luck mate tell us how it all went!
Posted
When I reported it to the police, the copper mentioned that whoever was in the car with you cannot be a witness. My gf was in the car with me...but I'm guessing worse comes to worst they'll dig that up.

I guess state by state laws are different, cause last time I was in an accident. I said my wife was in the car with me, the officer said that she will be your witness since she was in the vehicle at the time and is also involved in the event.

But then again I had coppers taking down report.

Shouldn't the police report be able to pin point who is at fault?? But then again an officer was not on the scene, so it might be a little hard.

My insurance agency (I won't name them fearing for legal reasons) asked me my story of the event to see if they could get me to possibly admit that I was wrong, cause the other party said that I was at fault. I asked them have they got the police report and they said yes, I then told them that the police report should tell you exactly what I told the officer that attended the event. The police report concluded that I wasn't at fault as well. If the police concluded that it was my fault then I would discuss with the police department about it.

Stupid insurance companies :angry:

Posted

yeah i hate insurance companies tooo....i really think we shldnt be paying insurance....its soo hard to make a claim even if its soo freaking obvious.....

Posted
Do what Mzz said and stick it up her Jasie.(the person who you had the accident with)
that was well written Mzz! dude if u follow wat she had written up...i think u can win this! i luv the idea about mailing her the quotes, it shows that u know u werent in the wrong and that would really get her nervous...dont forget to also say that you have also put in a police report...that should also help...good luck mate tell us how it all went!

Yeah I actually thought about that, but then I realised that she mentioned it's her company car. So if I threaten her I'll just end up going against her company.

The thing that is buggering me is it's actually more obvious than I first thought (the dent), so now I'm even more annoyed than before.

I tried going to get video surveillance, but there wasn't a camera at where my car was. I might actually go and find out what my right is with the Police. It's rather getting on my nerves now...

Posted
Hi guys and girls,

I need your opinions or feedbacks on what can be done.

I was driving around Vic Park Shopping Center parking lot (Perth) looking for parking. Suddenly, I spot one and thought 'oh score!' and decided to reverse park into it.

I went in about 1/2 of the way, and checked my right hand side of the mirror realising I was too close to the car on my right....therefore I straightened back out a little to go back into again. I moved forward so about 1/3 of my car was still in the bay, put it in reverse and without moving *BANG*.

Some chick (in her late 20's early 30's) drove through the otherside of the parking bay, and into mine. I got out of my car and her first reaction was 'DON'T YOU LOOK MATE?!?!' to which I just exploded and said WHAT THE FU(K ARE YOU SERIOUS???

Let me help paint a more clearer picture. My car is car 1, and her car is car 2.

Untitled-1.jpg

Anyway, she calmed down and I calmed down. Took down her details and she said it's her company car so she said just claim it against her insurance. I thought, oh well I got her word I don't need any witnesses nearby.

2 weeks later I call my insurance up to realise she accused me of backing into her car. She said she had gone too far into the bay and decided to back up a 'little'. (i.e. she was in my bar front on, drove too far forward and decided to back up.) Ummmm okay?!?!?!?! Then how do you explain why my car was 1/3 of the way in?!?!? or 1/2 in to start with!!!!

I was stupid enough to take her word for it I guess, but I seriously cannot believe somebody can just lie like that. Does anyone (Lawyers anyone here?!?!) know what I can do in my situation??

I reported it to the police straight away and made a statement, so I guess I made the initiative to let them know of the incident. To those wondering why I didn't take photos, yes I am also stupid because it was a shopping center and cars were coming in and out honking like mad so I decided to move.

That was silly on my part, I realise. But really, anyone who has been in similar situations and came out it on top? I'm thinking of taking this to the court if it doesn't settle, because that is really rather petulant of her...resorting to tactics like lying and not sticking to her word.

My excess is $780 and replacing the bumper will cost about $1000. If I end up having to paying for it, I'd rather pay for it myself than losing my no claim bonus.

Thanks in advance for the advise people will give.

Regards,

Jase

Hi Jase

I work in Sydney at a law firm. We have a case at the moment quite similar but our client actually has a witness.

It will be very hard for you to prove that she was in the wrong without any evidence i.e witnesses, pictures or video footage.

I would say you should really investigate with the centre and see if they can pull up the footage and hope for the best the cameras cover the section the incident occured in first, be quick tho coz they only hold footage for a small period of time.

If you have no luck with that and you want to take it further you should seek legal advice if you cant afford it you can always go for legal aid. I will say it is going to be VERY hard for you without evidence as its one persons word against the other.

In any event the insurance wont cover you and thats probably the best option in this case when you weigh up the excess cost and the increase of fees over the year.

The insurance company is within thier rights to refuse your claim as you have no way of proving that the damage was caused the way you say it did and cannot prove it was not done on your own accord, insurance is a tricky business and in most cases seems like a waste of money as u pay so much for it but in these cases are not covered.

To reduce costs in repair maybe you could try pick & payless or something like that. in the event you cant get anything out of her.

You should in any event get three quotes to repair your car then write her a letter stating you have sought legal advice and are advised that she is liable, enclose copies of the quotes and ask for payment within 14 days of the date of the letter or you will be initiating court proceedings.

See how you go with that in some cases people freak out at the additonal costs of legal representation and soforth.

but do it quick or you wont have a leg to stand on.

Hope ive been of some help. let me know how you go.

MzZ Sportivo.

9 posts and you've already put in far more input towards this site than Nelson ever did with his thousands.

I salute and commend you.

Posted
Do what Mzz said and stick it up her Jasie.(the person who you had the accident with)
that was well written Mzz! dude if u follow wat she had written up...i think u can win this! i luv the idea about mailing her the quotes, it shows that u know u werent in the wrong and that would really get her nervous...dont forget to also say that you have also put in a police report...that should also help...good luck mate tell us how it all went!

Yeah I actually thought about that, but then I realised that she mentioned it's her company car. So if I threaten her I'll just end up going against her company.

The thing that is buggering me is it's actually more obvious than I first thought (the dent), so now I'm even more annoyed than before.

I tried going to get video surveillance, but there wasn't a camera at where my car was. I might actually go and find out what my right is with the Police. It's rather getting on my nerves now...

Hey Jase

That could be a better case for you as the company may not want to get any bad exposure and most of the time cannot be bothered wasting thier time with these things (obviously depending on the size of the company) and it would be cheaper for them to pay you for the damage incurred than to pay the legal fees which as most are aware are quite steep.

Do you know the company name? You could try to contact them directly so as to by pass her or just write to them. I would say to write to them that way you have some kind of proof if you do take it to court.

I would just try your luck you really have nothing to loose except a bit of time which is worth it when it saves you the $$.

Up to you dude depends how much time you want to put into this sometimes its easier to just fix the problem then mess around but its BS when its not your fault and you wear the costs.

good luck with it all.

Posted

same kind of thing happened,

i was waiting to reverse, so i put it in reverse and waited until coast was clear.

some lady tried to squeeze through the car park, nicked my car and claimed that i reversed into her.

We debated long and hard and finally found some witnesses who sided with me.

Even then the lady was reluntant to hand over details!! :angry:

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now



  • Join The Club

    Join the Toyota Owners Club and be part of the Community. It's FREE!

  • Latest Postings

    1. 9

      Android auto

    2. 9

      Android auto

    3. 1

      Turboed Corolla Overbuilt?

    4. 3

      Camry Touring 2010 Fuel consumption 15.2L/100km. Normal?

    5. 3

      Camry Touring 2010 Fuel consumption 15.2L/100km. Normal?

    6. 0

      Camry Touring 2010 A/C Issues.

    7. 18

      High idling on the 2zzge even when warm (solved!)

    8. 5

      High RPM Idle after the engine warm up.

    9. 0

      Tow bar

×
×
  • Create New...

Forums


News


Membership