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froggyfrenchman
21st June 2006, 19:26
I was heading into town this morning in my mums honda city:wait:

Around one particular corner on our tight winding narrow country rd, i was hit by sunstrike and instantly was relocated to off said road. I jumped out of the car after seeing that my missis was ok, and saw what i had hit. A late model holden monaro. And man was the driver pissed off.

We established that he claimed i was on his side and that i couldnt see anything. I was just thinking, could this get any worse, when he offered me a ride home in his bently. It could have been $150,000 worse!

We swapped details and then as neighbours do, helped get each other's cars home. Both are completely fucked from the head on.

I look for my mums insurance details (shes in europe) and find the city is the only vehicle out of 3 cars a truck and 4 bikes thats NOT insured.

Into town to see his insurance company and fill out a kilo of paperwork. I say i couldnt see what happened, he says its all mt fault.

Im driving back home, and now the road is dry you can see the skid marks, he was completly on my side the whole time! Out with the camera then back to his insurance company with the new evidence.

Acording to AMI, it could swing either way, but because we both told them it was a cunt of a road, and the worst corner on it. And that my photos showed for two cars to pass at that point both have to have the left wheels off the road. Their opinion is that the most likely outcome is his insurance will pay for his damage and me getting nothing. I would be happy at that, just buying my mum a new $1000 car rather than buying him a $30000 car!

But until they decide im gonna get fuck all sleep.


What a headache!

Meanie
21st June 2006, 19:33
Bugger
Just as well your both ok, i guess there is a cheap manaro coming up at auction

Flatcap
21st June 2006, 19:33
Well that would be a giant kick in the gonads - glad you and your Mrs are alright

sAsLEX
21st June 2006, 19:40
rather than buying him a $30000 car!



Late model monaros go for more than that!

but good on ya for having the nouse *word/spelling?* to go and get some emperical evidence!

froggyfrenchman
21st June 2006, 19:44
Late model monaros go for more than that!

Thought so:bye: I was just thinking wishfully.

It wouldnt be a new one i dont think, but theirs a shitload of repairs needed on it. God i hope i dont loose this one!

Edbear
21st June 2006, 19:57
Sorry to hear! Glad you're both okay, that's impressive for a City! Hope your evidence swings things in your favour, both with the Insurance Co. and your Mum!:yes:

avgas
21st June 2006, 19:58
that sucks man, hope it all sorts itself out for u

sAsLEX
21st June 2006, 19:59
40 -73 k from 03 - 06

froggyfrenchman
21st June 2006, 20:03
40 -73 k from 03 - 06

That i really did not need to know! Oh well, off to hang myself in the garage.







Disclaimer: I am not going to hang myself, please dont send the police to my house!

TonyB
21st June 2006, 20:06
So did you say it? You know! THAT line?!?!
(answer at bottom of page)

I reckon you'll be fine. Had a similar thing happen years ago- near front on on a one lane gravel road on a blind corner. Was deemed to be noboddys fault, so each ins co paid out.

The line?
Sorry officer, I just didn't see him

froggyfrenchman
21st June 2006, 20:11
Sorry officer, I just didn't see him

Cops wernt interested, none of us were killed and we didnt damage anyone elses property (eg fences)

They said they would rather go catch some poor biker doing 105kmph and never turned up

NSR-Dan
21st June 2006, 20:15
dont worry it will probably end up a contributory claim where they cant find a single party at fault. so you will have to deal with your own car, but wont have to pay for his.

Sniper
21st June 2006, 20:35
Shit dude, glad you are OK. Good luck with it....

Colapop
21st June 2006, 20:51
Why does he care?!?? It's not like he can't afford a new one. If you can afford to buy it, you can afford to smash it.

R6_kid
22nd June 2006, 00:28
you said you missus was fine, so take her to bed and put her to work, atleast you'll be able to sleep afterwards.

Gutted about the accident man, hope it all works out for you.

Shadows
22nd June 2006, 01:06
Good thing you're okay.
As far as insurance is concerned, and from what you have said, if you couldn't see where you were going, you should have stopped. Because you didn't stop you were at fault to a degree.
However... Monaro Man should have taken the care to be his own side of the road. That makes him at fault to a degree as well.
That's termed contributory negligence, which means Monaro Man's insurance company can't try to recover damages from you because their client contributed to the accident in some way (by being on your side of the road).
I have seen almost the same thing where one driver was doing 70kph+ in a 50kph zone, when an oncoming car veered into his lane to go around a parked car, which resulted in the two cars colliding head on. Both drivers were found to have contributed to the accident so the insured guy had his car paid for and the uninsured guy had to pay to fix his own. Sounds pretty much the same kind of scenario.
Good on you for getting those photos proving his position on the road.
Any way I wouldn't worry too much about paying out to fix the Monaro Man's car, I don't think that will happen (although they'll probably send you a letter to try and intimidate you anyway in the hope that you'll admit fault), and get yourself some sleep.

NSR-Dan
22nd June 2006, 01:19
Good thing you're okay.
As far as insurance is concerned, and from what you have said, if you couldn't see where you were going, you should have stopped. Because you didn't stop you were at fault to a degree.
However... Monaro Man should have taken the care to be his own side of the road. That makes him at fault to a degree as well.
That's termed contributory negligence, which means Monaro Man's insurance company can't try to recover damages from you because their client contributed to the accident in some way (by being on your side of the road).
I have seen almost the same thing where one driver was doing 70kph+ in a 50kph zone, when an oncoming car veered into his lane to go around a parked car, which resulted in the two cars colliding head on. Both drivers were found to have contributed to the accident so the insured guy had his car paid for and the uninsured guy had to pay to fix his own. Sounds pretty much the same kind of scenario.
Good on you for getting those photos proving his position on the road.
Any way I wouldn't worry too much about paying out to fix the Monaro Man's car, I don't think that will happen (although they'll probably send you a letter to try and intimidate you anyway in the hope that you'll admit fault), and get yourself some sleep.

who do you work for shap meister. you repeated my answer LOL

NSR-Dan
22nd June 2006, 01:19
Good thing you're okay.
As far as insurance is concerned, and from what you have said, if you couldn't see where you were going, you should have stopped. Because you didn't stop you were at fault to a degree.
However... Monaro Man should have taken the care to be his own side of the road. That makes him at fault to a degree as well.
That's termed contributory negligence, which means Monaro Man's insurance company can't try to recover damages from you because their client contributed to the accident in some way (by being on your side of the road).
I have seen almost the same thing where one driver was doing 70kph+ in a 50kph zone, when an oncoming car veered into his lane to go around a parked car, which resulted in the two cars colliding head on. Both drivers were found to have contributed to the accident so the insured guy had his car paid for and the uninsured guy had to pay to fix his own. Sounds pretty much the same kind of scenario.
Good on you for getting those photos proving his position on the road.
Any way I wouldn't worry too much about paying out to fix the Monaro Man's car, I don't think that will happen (although they'll probably send you a letter to try and intimidate you anyway in the hope that you'll admit fault), and get yourself some sleep.

who do you work for shadmeister. you repeated my answer LOL

im i not alone here??

Lazy7
22nd June 2006, 01:30
were you going up hill or down hill?

if you were going up hill you have right of way on a section of road too tight for two cars to pass.

also - golden rule in insurance claims. DENY EVERYTHING

as soon as you say - yeap, that was me - you are fucked.

in fact my insurance contract is actual void if i at any time admit liability.

worse comes to worse it ends up in small claims court and you pay it off at $10 a week.

For the insurance company to get you to pay you need to admit liability and sign paperwork. if you have done this already your buggered. the only person who can force you to pay anything without you admitting liability is a judge.

Shadows
22nd June 2006, 01:49
who do you work for shap meister. you repeated my answer LOL

Hehe - I did too. Sorry about that, I didn't see your post.
I'm not in insurance or anything, and no offence dude, but it pays to know your enemy!

MSTRS
22nd June 2006, 09:18
Jeez Froggy, you get yourself into some scrapes, don't you? Glad you are OK tho. A bit of advice - if you are hanging on to the tiger's tail, don't let go!!

froggyfrenchman
22nd June 2006, 18:46
And the verdict is.....

AMI wanted to hang me, but decided to go with the contributary option. He has to pay his excess and im left at $0.

So i have to replace my folks $800 runaround, i can live with that. Cheers for all the advice and comments guys.








And yes this does mean i have fucked two hondas in two weeks, but they still shit all over suzuki

MSTRS
22nd June 2006, 18:53
And yes this does mean i have fucked two hondas in two weeks, but they still shit all over suzuki
. .

sAsLEX
22nd June 2006, 18:57
im left at $0.




Alot better than the -70k! well done on getting the pics and holding your ground!

froggyfrenchman
22nd June 2006, 19:05
Youre right salex, its heeeeeeaps better!

And as for you mstrs... Dont hondas out number suzukis 3-1 in your shed (if you had one)

back to my bridge to get some sleep.

MSTRS
22nd June 2006, 20:15
And as for you mstrs... Dont hondas out number suzukis 3-1 in your shed (if you had one)

back to my bridge to get some sleep.
Nah....2 hondas, 2 suzukis, 1 kawasaki, half a shed