Insurance - admitting fault [Archive]

kawa64

10th March 2018, 08:18

I recently got rear-ended. The third party was apologetic and admitted fault to me in person; we exchanged details etc, then when my insurance company gave him a call he said he never admitted fault and that I fell on my own.

I know you can't get a police report for a non-injury accident, and a phone call to the police where you get the third-party to admit fault on the phone can't be used in court.

So how do you avoid this? Currently, my insurance company is battling with his/him because he won't admit fault.

Akzle

10th March 2018, 08:32

wtf are you talking about?

failing to stop short is a legislated offence. get the police to charge the cunt. then point the jewsurance company to that.

Jeeper

10th March 2018, 10:17

Always take photos of the accident scene without moving, if possible. But always take photos of damage to both vehicles. It saves a lot of headache later on. Get details of any witness around.

Laava

10th March 2018, 11:01

If the other party does not fully cooperate with you re supplying details etc, just call the cops. Seems a bit extreme but makes things so much easier later on.

kawa64

10th March 2018, 11:26

If the other party does not fully cooperate with you re supplying details etc, just call the cops. Seems a bit extreme but makes things so much easier later on.

They wouldn't dispatch anyone because "there were no injuries to any persons."

Ginge09

10th March 2018, 12:05

Don't see what the problem is. Insurance company pays you, after that it's their decision as to whether they pursue the other party to recover their loss.

Claim, get it fixed, ride on.

Ixion

10th March 2018, 12:16

Don't see what the problem is. Insurance company pays you, after that it's their decision as to whether they pursue the other party to recover their loss.

Claim, get it fixed, ride on.
Problem : excess, no claims bonus, higher premium.

Biker Rule 35b. If you get collected by someone and it's definitely not your fault ( that bit is important) , ALWAYS "be injured". One benefit from the motorcycle= death trap mentality of the public is that if you say you think you're injured, it will always be believed. You feel unsteady, right?. Might have knocked your head, eh. And an accident doing any appreciable damage to the bike, likely you'll have at least a few bruises or grazes. So, don't be the tough guy. Call it in, car versus motorcycle, rider injured. They'll send an ambo, who will check you out on the scene, tell you you are fine ( if they don't then it's just as well you called, eh) . Costs you nothing (ACC) , but now it's down on the records. And as an injury accident, the cops must investigate. But, obviously, don't do this if you are at all to blame

Oakie

10th March 2018, 12:19

Don't see what the problem is. Insurance company pays you, after that it's their decision as to whether they pursue the other party to recover their loss.

Claim, get it fixed, ride on.

Problem is that if they can't blame the other party, o.p. will be deemed to have been at fault and will have premium and excess increased. Would also have to pay the excess on this claim rather than the at fault party's insurance company.

Oakie

10th March 2018, 12:21

Problem : excess, no claims bonus, higher premium.

Ixion! Now there's a name I haven't seen for a long time. Glad you're still around man.

Ginge09

10th March 2018, 13:07

Excess doesn't always change just because you claim. Nor do premiums necessarily. Depends on the insurer. No claims bonus might but you consider that when deciding if it's worth claiming.

As long as you record on your claim form that the other party admitted fault you start the evidential background for the insurer to progress recovery.

Of course the other party will change their story. If they admit fault they breach the terms of their own policy and potentially lose their insurance cover.

Of course your insurer will refer back to you because the other party changed their mind. There's a discrepancy in your version vs the other party now. Some insurance boffin has to make a decision and recommend or decline a pay out and they won't do that until they have a good idea of who is telling porkies.

Keep arguing. If no joy then use the Ombudsman.

Anyway, it's a nose to tail. Fairly good chance the vehicle at the rear will be presumed at fault. Following too close, failure to stop within prescribed distance, driving with undue care etc etc.

jasonu

10th March 2018, 13:29

They wouldn't dispatch anyone because "there were no injuries to any persons."

Shoulda told the pigs your back was injured (at the time of the prang).

AllanB

10th March 2018, 16:08

Surely the nature of damage to the rear end of the bike would not be consistant with a simple fall off I would have thought.

Depends on the accident. I know of riders who have been hit from the rear while stopped at traffic lights - shunted forward, bike falls over, other than rear wheel alignment nothing to show it was a hit in the bum.

You should know this the amount of times you have fallen off.....

kawa64

10th March 2018, 16:17

I still had the original number plate/indicator lights fender, so there was no damage to the rear of the bike apart from a slightly bent corner of the license plate. There is a bunch of scratches/cracks on the side fairing, bent bar end, broken brake lever, front indicator light.

As for pressing charges in order to get a police report, I gave him the benefit of the doubt because he was such a nice person initially. Turned out to be a cunt though

kawa64

10th March 2018, 16:20

Shoulda told the pigs your back was injured (at the time of the prang).

Didn't need to be distracted by paramedics, he would've taken that time to run

R650R

11th March 2018, 15:46

I gave him the benefit of the doubt because he was such a nice person initially. Turned out to be a cunt though

This always happens once people realise they are goi g to be raped by the others insurance company... I’ve been hit from behind three times and the worst occasion (legalwise) was this pretty twenty something in a miniskirt who kicked up a minihell tale of merry bullshit later in the day while I was sleeping (nightshift linehaul).
Not only did she run a red light (it was a short phase that time of morning and my truck would only just get through halfway from standing start), panic brake and slide into 2nd last b-train axle as she tried to overtake me through the twin right turn lanes... And she had to pass me as her workplace that she fled the scene from with out stopping was 200m up rd on left.... Rental car co so she knew all the dirty tricks...
Long story short it all ended when a police officer rang my cell several months later trying to get a new statement while I’m driving with load of hazardous goods out of Wellington. Lost my cool and told cop the truth doesn’t change so I’m not making another statement. Cop lost her temper too and said case closed and I got a letter from them to that effect too!
Never ever trust the other party, it’s war out there...

R650R

11th March 2018, 15:55

Btw you really need a new insurance co... Most recent time I was hit in car while stationary at piss poor traffic managed sports event on a state highway, open road speed, both cars was write off...
No one injured, cop dispatch tried to spin the line too busy... But I mentioned the magic words “one lane blocked” and “state highway”... guaranteed attendance! Lady from car in front tried to say I was selfish for not moving but professional experience told me I knew I was right to stand my ground... There was clear lane on left for traffic to use and also what happens if your hit again moving an u roadworthy vehicle with no rear lights/signals and driver seat wrecked....
Despite being too busy two cop cars turned up real fast...
Insurance co tried to make me pay excess to as other guy no insurance but stood my ground said I’m clearly not at fault and they can chase him for that...

AllanB

11th March 2018, 17:09

Insurance co tried to make me pay excess to as other guy no insurance but stood my ground said I’m clearly not at fault and they can chase him for that...

Mrs B had that decades back - taxi up her arse at speed. Bloody taxi was seen several times over the next couple days driving around with no bonnet and have the front end of.......

A phone call to the taxi company sorted that.

Insurance wanted her to pay the excess as he was not insured - not our problem we said as we had three on the spot witnesses. I refused to pay it. Insurance agreed finally and took the offended to court for the full repair sum - the court awarded $10 weekly payments (FFS) and I later found the insurance co got $100 out of him before he shot back to the Islands ......

Swoop

11th March 2018, 19:16

There will be riding school "graduates" on here who will be able to tell you how to avoid such "not at fault" accidents in the future.

Your autism is showing again. Are you off of the medication?
335655

BMWST?

11th March 2018, 19:31

if he did hit you there will be some damage(even f its a rubber mark) on the bumper of the car.Go round and see if you can get a pic!

kawa64

11th March 2018, 23:39

This always happens once people realise they are goi g to be raped by the others insurance company... I’ve been hit from behind three times and the worst occasion (legalwise) was this pretty twenty something in a miniskirt who kicked up a minihell tale of merry bullshit later in the day while I was sleeping (nightshift linehaul).
Not only did she run a red light (it was a short phase that time of morning and my truck would only just get through halfway from standing start), panic brake and slide into 2nd last b-train axle as she tried to overtake me through the twin right turn lanes... And she had to pass me as her workplace that she fled the scene from with out stopping was 200m up rd on left.... Rental car co so she knew all the dirty tricks...
Long story short it all ended when a police officer rang my cell several months later trying to get a new statement while I’m driving with load of hazardous goods out of Wellington. Lost my cool and told cop the truth doesn’t change so I’m not making another statement. Cop lost her temper too and said case closed and I got a letter from them to that effect too!
Never ever trust the other party, it’s war out there...

Damn you need to report that cop to the IPCA, can't have street cops obstructing justice...

PistonBlown

11th March 2018, 23:42

Firstly the advice I've had from an insurance broker in the past is if the other driver admits responsibility then, in her words, have a sudden attack of deafness. It is the insurance companies duty to prove liability (or otherwise) for the accident, even if one driver admits responsibility. Potentially when a driver admits liability it invalidate the policy because they remove the ability for the insurance company to fight the case - that's the theory anyway though I've not heard of an insurance company that's done that.

Unfortunately the case here of someone changing their story, or even denying an impact took place, is common. It is the job of the insurance company/s to work out what's really happened. The insurance companies know that in almost all nose to tail instances the driver at the rear that's at fault. In this case it would seem strange to the insurance company that the driver exchanged details at the scene, why would they do that if they were not involved in the accident? Worse case scenario is that this will go to the Disputes Tribunal but hopefully the other driver or the insurance company will see sense before then.

Hopefully there will not be a next time, but if there is then as others have said photos are the key. Not just of any damage but also if possible the position of the vehicles before they get moved, layout of the road etc.

Jeeper

12th March 2018, 08:12

As I said before, photos of both vehicles and how they were positioned is critical to working out who was where. Details of a couple of independent witnesses also help.

granstar

12th March 2018, 17:09

They wouldn't dispatch anyone because "there were no injuries to any persons."

Tell them there is a gun involved. "waving hands about with a gun" easily changed to "waving hands to block out sun" when they arrive.

neels

12th March 2018, 17:16

As I said before, photos of both vehicles and how they were positioned is critical to working out who was where. Details of a couple of independent witnesses also help.
Photos don't work.

I took photos when I had an accident, guy admitted fault to me at the time then made his statement to the insurance company saying it was my fault, along with his 'independent' witness who was his mate travelling with him. Even though the photos clearly showed his statement was complete bollocks, insurance company not even slightly interested in following up.

Unless you get the police there and they can back up your version of events, or you can find your own 'independent' witness, you're pretty much fucked.

Jeeper

12th March 2018, 17:46

Photos don't work.

I took photos when I had an accident, guy admitted fault to me at the time then made his statement to the insurance company saying it was my fault, along with his 'independent' witness who was his mate travelling with him. Even though the photos clearly showed his statement was complete bollocks, insurance company not even slightly interested in following up.

Unless you get the police there and they can back up your version of events, or you can find your own 'independent' witness, you're pretty much fucked.That's not been my experience. But I guess it does depends on the insurance company and how you argue your case. Refuting photos outright has not been my experience.

neels

12th March 2018, 18:06

That's not been my experience. But I guess it does depends on the insurance company and how you argue your case. Refuting photos outright has not been my experience.
It's been my experience twice, with two different insurance companies, even when the damage to the vehicles would be impossible if what they said in their statement was true they still weren't interested.

People tell lies, sometimes there's not much you can do about it.