View Full Version : Do NOT exchange details at the scene of an accident...
klingon
9th May 2007, 20:31
... if you are in the right and want to lay a complaint with the police later.
Here's my story in a nutshell:
On Monday I got hit from behind by a car, while I was stopped at a stop sign on my way to work
I exchanged details with the driver and set about arranging for my bike to be picked up (it was too damaged to ride)
While I was waiting for the recovery truck I called Mack the Knife who said "report it to the police - at least you'll have it on record if you need to refer to it later for insurance etc"
I got the bike taken away, went to A&E for a checkup and went to work (because by then I was very late!)
My partner called in at a police station to ask for the procedure and they said I should go into a police station to report the incident
The following day (less than 24 hours later) I went to the Avondale police station with my written account
The police officer said "did you exchange details with the other party?" I said "yes" he said "then it's an insurance matter, not a police matter" and refused to take my statement
Not quite believing that, I went to work and phoned the Auckland Central Police, who told me just the same thing. I said "So I would have been able to lay a complaint if I had refused to exchange details with the driver?" and he said "yes"
So, with me doing absolutely nothing wrong, apparently I waived my right to even have the incident officially recorded. I didn't necessarily want the driver charged with anything, but I did want to record what happened and make it clear where the liability was, in case of insurance issues later.
So don't exchange your details, just sit down on the side of the road and call the police.
AND always assume that you're injured (chances are in a bike vs car you will be injured). At the time the driver asked if I was ok and I said "yes" but it turns out I have badly bruised ribs (maybe cracked, can't tell yet). Apparently what you say at that moment while the adrenaline is pumping is what sticks, even if you discover injuries later.
Colapop
9th May 2007, 20:37
YUP :yes: that's exactly right. I did not give the prick who pulled in front of me any details. His insurance company are trying muscle me into giving them my account of what happened. "Blah Blah... 14 days give your version..." I sent them a letter saying that I refute all charges liability and that I was in the process of accumulating evidence of their client's culpability and fully intended to have them pay for my costs. I told them I'd be in touch in due course...!
Holy spit! I didn't know that! Thanks for sharing. Are you ALLOWED to not give your details to the other driver at the scene of a crash?? I guess as long as you wait around for the police then it should be cool.
Colapop
9th May 2007, 20:40
You do NOT have to give the driver of the other vehicle any details at all. You do not have to speak to the other driver - regardless of fault.
Scorpygirl
9th May 2007, 20:43
Oh bugger Klingon!!! This on top of your accident too! :angry: I guess the lesson here is call the police at the time of the accident so they can get statements, details etc. Hindsight is 20/20 vision. Thanks for sharing and I hope you are able to get something sorted.
limbimtimwim
9th May 2007, 20:49
AND always assume that you're injured (chances are in a bike vs car you will be injured). At the time the driver asked if I was ok and I said "yes" but it turns out I have badly bruised ribs (maybe cracked, can't tell yet). Apparently what you say at that moment while the adrenaline is pumping is what sticks, even if you discover injuries later.Have you told the police that you are injured now? The police have to be told, and by telling I assume record the incident. And make sure you get a doctor to record those injuries, and then do ACC shit. Then take some time off work and chill :)
You do NOT have to give the driver of the other vehicle any details at all. You do not have to speak to the other driver - regardless of fault.That's not true big guy, the road code says:
If no one is hurt, you must give your name, address and vehicle registration (and, if asked, the name and address of the owner of the vehicle you are driving, if it isn't your vehicle) as soon as possible but no later than 48 hours after the crash to:
* the owner or driver of any other vehicle that has been damaged
* the owner of any property that has been damaged.I think they key here is that if someone is hurt, you must tell the police. If no one is hurt, they don't give a shit and you have to share details with the other people involved.
gijoe1313
9th May 2007, 20:50
Thanks for the heads up on that :no: Your grief and trouble will spare many that read this thread the additional trial and tribulations you are going through. Chin up, lets hope all your good karma comes back in some way in regards to this! :yes: (I know it doesn't feel helpful at the moment, but I'm cheering for the home team!)
interesting that the insurance companies always say "never admit fault", however ive never seen anything from them saying "dont exchange details"...
postscript..."pertang pertang olay biscuit barrel" explained it nicely!
Colapop
9th May 2007, 20:56
...That's not true big guy, the road code says:I think they key here is that if someone is hurt, you must tell the police. If no one is hurt, they don't give a shit and you have to share details with the other people involved.
Well, I beg to differ. Not only did the police officer who attended the accident said I did not have to say anything to the other guy. The senior officer I spoke to (why seeking clarification of the law) also reiterated the same thing.
That's not true big guy, the road code says...
You do NOT have to give the driver of the other vehicle any details at all. You do not have to speak to the other driver - regardless of fault.
You two fight it out, I want to know the real answer. The road code says some shit that isn't true, I remember from the time I was sitting my test.
Fatjim
9th May 2007, 20:59
Since when has a frigg'n cop known the law mate!
boomer
9th May 2007, 21:00
what you should ALWYAS do at the scene of an accident is call the cops.. let them deal with the shit.
that is unless your to blame... if not.. no matter how big or small.. PHONE THE ROZZAS!
The following day (less than 24 hours later) I went to the Avondale police station with my written account
The police officer said "did you exchange details with the other party?" I said "yes" he said "then it's an insurance matter, not a police matter" and refused to take my statement
Not quite believing that, I went to work and phoned the Auckland Central Police, who told me just the same thing. I said "So I would have been able to lay a complaint if I had refused to exchange details with the driver?" and he said "yes"
[/LIST]
So, with me doing absolutely nothing wrong, apparently I waived my right to even have the incident officially recorded. I didn't necessarily want the driver charged with anything, but I did want to record what happened and make it clear where the liability was, in case of insurance issues later.
So don't exchange your details, just sit down on the side of the road and call the police.
The lines of communication must be blurred a bit here? You are required by law to report an injury accident to the police, you were hurt (not badly thank goodness) but all the same they must have to take the details of what happened down surely?
I always thought the law also required you to provide your name and details to the owner of a vehicle that was damaged in a situation like this. There is no mention of fault, it is just a requirement. It is only your insurance company that insists that you never admit liability. Let us know how you get along with this. Reading your earlier thread about what happened it seems to me to be straight forward. The car failed to stop and knocked you off your bike. I am sure tht this is how your insurance company will see it too. Make your claim, wait the terribly long time till things get sorted and you are back on two wheels.
Colapop
9th May 2007, 21:09
Just be big enough so that the c*nt that hits you calls everybody... he had two of his son's, two of their mates, the cops and the neighbours there all within about 5 minutes... Fark, it was an instant party...
limbimtimwim
9th May 2007, 21:12
Well, I beg to differ. Not only did the police officer who attended the accident said I did not have to say anything to the other guy. The senior officer I spoke to (why seeking clarification of the law) also reiterated the same thing.But you were hurt (I assume, you do at least bruise don't you?) so you don't have to tell the other party. So you had to tell the cops instead, which you did.
Look at it this way, if you had a no-injury crash (Car vs Car in a carpark say) and they other party was able to drive off without exchanging a word, that wouldn't be natural would it?
Colapop
9th May 2007, 21:15
Well the law does say that you should ascertain if anyone is injured and the guy did that... His first words to me were "I'll need you insurance details..." So I was pretty keen to help him, obviously....
limbimtimwim
9th May 2007, 21:18
Well the law does say that you should ascertain if anyone is injured and the guy did that... His first words to me were "I'll need you insurance details..." So I was pretty keen to help him, obviously....What a poo face. I'd be pretty pissed off if that was the first thing said to me too. Maybe he crashes so often he just fast-forwards the tape a little to get to what he wants to know.
klingon
9th May 2007, 21:21
The lines of communication must be blurred a bit here? You are required by law to report an injury accident to the police, you were hurt (not badly thank goodness) but all the same they must have to take the details of what happened down surely?
That's what I thought, too. To be fair on the car driver, she didn't know I was injured so would have no reason to report it to the police (and with her being in the wrong & all, she'd be silly to report herself).
When I rang Auckland Central today I told the guy that I was injured in the accident. I hadn't thought to tell the guy at Avondale because our conversation was so short and he dismissed me so quickly when I told him we'd exchanged details. The AK Central guy said obviously I didn't look injured! He's a POLICEMAN not a DOCTOR for Pete's sake. How can he tell whether my ribs are cracked unless he has x-ray vision?!
I always thought the law also required you to provide your name and details to the owner of a vehicle that was damaged in a situation like this. There is no mention of fault, it is just a requirement.
That's what I thought too, until I got this response from two different policemen in two days.
Colapop
9th May 2007, 21:25
What a poo face. I'd be pretty pissed off if that was the first thing said to me too. Maybe he crashes so often he just fast-forwards the tape a little to get to what he wants to know.
I have a photo taken a week later showing a car skid-mark in exactly the same place as my accident outside his house!
what you should ALWYAS do at the scene of an accident is call the cops.. let them deal with the shit.
that is unless your to blame... if not.. no matter how big or small.. PHONE THE ROZZAS!
You'd be in for a LONG wait in most cases. Of course, if you really want to hurry them up, you just need to tell the cops that the guy who hit you was speeding dangerously (55 in a 50) in an area where only last week, you'd seen a little kiddie, who might have run out into the road.
They'll be there, ticket book in hand, in no time. And then you can grab 'em.
Chisanga
10th May 2007, 01:31
Lol When I had my first bin I had 3 incident cars and an ambulance with 5 ambos turn up to what was a very minor incident... apparently some women who drove passed (didn't stop mind you) rang and said there was a major accident involving a motorbike.... I came off at 40km/h but was grateful for the cops turning up as they charged the driver and made my insurance claim a breeze :)
sAsLEX
10th May 2007, 02:00
I have a photo taken a week later showing a car skid-mark in exactly the same place as my accident outside his house!
can you spell circumstantial.......
I prob cant
Harry33
10th May 2007, 05:38
From my experience call the cops..(The guy might have been drinking etc).You might end up waiting a while but they can always check these things.
When I got rear ended by a car we changed details, checked that everyone was o.k, got witness details as well. We thought everything will be o.k and then the next day I found out the guys cellphone number didn't work, he didn't live at the address he gave. I later found out that the licence plate on his car was stolen off a car in Dunedin etc.
My wife and I both had bad whiplash , sore backs which need to be rehabed. THANKS ACC. We needed feel the pain until the next morning. Fun Stuff that.
So you never know you might stop a drunk/crook.
Grahameeboy
10th May 2007, 07:04
You do NOT have to give the driver of the other vehicle any details at all. You do not have to speak to the other driver - regardless of fault.
Except if someone is injured, when you do.
In this case liability is clear cut 'prima facea' so reporting to Police is not a major.
Cannot saee driver disputing liability. Rear damage, cannot allege you reversed.
Just get better, get bike fixed.
McJim
10th May 2007, 07:55
... if you are in the right and want to lay a complaint with the police later.
Here's my story in a nutshell:
On Monday I got hit from behind by a car, while I was stopped at a stop sign on my way to work
I exchanged details with the driver and set about arranging for my bike to be picked up (it was too damaged to ride)
While I was waiting for the recovery truck I called Mack the Knife who said "report it to the police - at least you'll have it on record if you need to refer to it later for insurance etc"
I got the bike taken away, went to A&E for a checkup and went to work (because by then I was very late!)
My partner called in at a police station to ask for the procedure and they said I should go into a police station to report the incident
The following day (less than 24 hours later) I went to the Avondale police station with my written account
The police officer said "did you exchange details with the other party?" I said "yes" he said "then it's an insurance matter, not a police matter" and refused to take my statement
Not quite believing that, I went to work and phoned the Auckland Central Police, who told me just the same thing. I said "So I would have been able to lay a complaint if I had refused to exchange details with the driver?" and he said "yes"
So, with me doing absolutely nothing wrong, apparently I waived my right to even have the incident officially recorded. I didn't necessarily want the driver charged with anything, but I did want to record what happened and make it clear where the liability was, in case of insurance issues later.
So don't exchange your details, just sit down on the side of the road and call the police.
AND always assume that you're injured (chances are in a bike vs car you will be injured). At the time the driver asked if I was ok and I said "yes" but it turns out I have badly bruised ribs (maybe cracked, can't tell yet). Apparently what you say at that moment while the adrenaline is pumping is what sticks, even if you discover injuries later.
EXACTLY the same thing happened to me last year and the cops on the website told me that doesn't happen!
I still have a limp and my marathon running days are over (even have a trophy for a triathlon I won in 1985) left knee got knackered.
So if someone drives over a gully and is involved with no other vehicles they get done for dangerous driving but if some mad fukka in a car rams you (with potential to kill you) if you are insured they don't get prosecuted.
WTF?!?!?!?
Grahameeboy
10th May 2007, 08:04
EXACTLY the same thing happened to me last year and the cops on the website told me that doesn't happen!
I still have a limp and my marathon running days are over (even have a trophy for a triathlon I won in 1985) left knee got knackered.
So if someone drives over a gully and is involved with no other vehicles they get done for dangerous driving but if some mad fukka in a car rams you (with potential to kill you) if you are insured they don't get prosecuted.
WTF?!?!?!?
A gay red helmet is winging it's way to you so you should be more visible now........yep my marathon days are over (2hr 58mins when I was 18) cause I am old now
jetboy
10th May 2007, 08:37
From an insurance perspective:
You must not admit liability to the accident (even if it is "your fault") because if you do and the insurance company discovers through the course of the claim that you are in fact "not at fault", then you have buggered it up already by admitting it was your fault.
As for exchanging details - if you cannot give the insurer the contact details of the third party and prove they were in the wrong, you will have to pay an excess and the claim will be classed as "at fault" - simply because you couldnt supply the details.
Freakshow
10th May 2007, 09:17
This is interesting stuff and I think I should know this stuff so have I got this right.
If I am in an accident and it is not my fault then I should call the cops, do not pass go, do not exchange details, do not talk to the other party, and dont admit any responsibility???
Now what if I hit some one??? Should I do the reverse and try and screw them down eg dont ring the cops, do exchange details, but do not admit responsibility??
Have I got this right?
klingon
13th May 2007, 14:21
This is interesting stuff and I think I should know this stuff so have I got this right.
If I am in an accident and it is not my fault then I should call the cops, do not pass go, do not exchange details, do not talk to the other party, and dont admit any responsibility???
Now what if I hit some one??? Should I do the reverse and try and screw them down eg dont ring the cops, do exchange details, but do not admit responsibility??
Have I got this right?
Bizarre as it sounds, you seem to have got this right. Of course, the other party is also not admitting liability, so nobody will be giving anyone their details, and you'll all be standing on the side of the road glaring at each other for three hours while you wait for the police to arrive!
I wish one of our resident coppers would come in here and tell me what's the official line on this, because like I said I was told by the people at both Avondale and Auckland Central that "once you exchange details it is no longer a police matter" and "no, we will not accept a complaint from you."
j_redley
13th May 2007, 17:42
We were always told to exchange details, and even though one time I did, the prick refused to pay up, and even when the cops got involved they wouldn't do anything.
<form>
First name:
<input type="text" name="firstname">
<br>
Phone Number:
<input type="text" name="lastname">
</form>
<form>
<input type="radio" name="sex" value="male"> Male
<br>
<input type="radio" name="sex" value="female"> Female
</form>
<body bgcolor="#000000">
<body bgcolor="rgb(255,255,255">
<body bgcolor="green">
Skytwr
14th May 2007, 09:30
Ok, Police should be suppling an event number when the crash is reported. Why because this is one of the first things the insurance company wants. As for exchanging details also good to do as your insurance company needs them so do the police. Excahnging details IS NOT an admission of fault. DO not admit fault as you can stuff up your own insurance.
I know in our area due to a push from the councils and LTNZ for better accident info all crashes reported to police are documented and a number asigned. All good good for getting roads resealed etc.
Where it gets a bit grey for LTNZ and the Police is the injury scale. For the courts an injury is more than triffling. i.e broken bones cuts needing sutures, for the LTNZ scale an injury is a small cut to just seeing a Doc for a bruise. So even if you have an injury in might not be enough for an injury charge, but once Police know about the crash they should take the details.
Hope this helps
Macktheknife
14th May 2007, 10:16
Safest option is to always call the cops for an accident, no matter how small. Your arse is covered by the procedure and the other party is checked out thoroughly.
If you are at fault in an accident then suck it up and get it sorted, if you are injured and don't know it until the adrenaline wears off then it just makes it so much easier when the incident is recorded.
Take it easy out there.
Krusti
14th May 2007, 10:42
One other small piece of advise. At the time of any crash / incident jot down as much info as possible as soon as possible. This can be referred to in the future as 'notes made at the time'
You are even able to read it in court to refresh your memory. These notes made carry way more wieght than the other persons memory.
From what I remember this is the case anyway.:confused:
vifferman
14th May 2007, 11:10
Huh.
I've been "lucky" with the accidents I've had; one was one block from the cop shop, another was at an intersection and there was a couple of Ds going the other way in their stealthmobile, and in the others where another vehicle was involved, the cops turned up to get a statement within a couple of hours, before I'd had a chance to do any insurance type things.
Of course it helps that in every case, the other person was at fault from a legal perspective, and I was injured.
So there you go: if you're going to crash, try and wangle it so that:
- The other person is at fault, and/or
- You have an injury of some sort.
JimBob
14th May 2007, 11:16
Doesnt make a lot of sense to me. Someone hits you from behind, I assume that at the very least that would be careless use. Surely that doesnt change just because you exchange details?
What has insurance/lack of insurance got to do with the police and how they do their job?
wildcat_lgf
14th May 2007, 11:25
Forgive the stupidity of my question...but why does it matter that you get the cops involved?
Surely, you get the car drivers details, the insurance co. assesses your bike and finds it has rear-end damage - they check against the other insurance companies claim and accept that it happened at a stop sign.
I can't see the down side in getting their details? Cops=time + money.
And what if the other driver doesn't wait around for the cops (late for work, impt meeting, etc excuses)...then you have no details and no police?
JimBob
14th May 2007, 12:32
Forgive the stupidity of my question...but why does it matter that you get the cops involved?
Surely, you get the car drivers details, the insurance co. assesses your bike and finds it has rear-end damage - they check against the other insurance companies claim and accept that it happened at a stop sign.
I can't see the down side in getting their details? Cops=time + money.
And what if the other driver doesn't wait around for the cops (late for work, impt meeting, etc excuses)...then you have no details and no police?
If the police were to charge the person who hit you with an offence, it strengthens your case if any arguments crop up later. Especially when money is involved. And if the other guy doesnt want to wait around then the cops are going to hear your version first. If he leaves really quickly at least get his rego and complain of a hit and run. Probably hit you because he was in such a hurry in the first place, right?
As for rear end damage to your bike another scenario is he says you changed lanes right in front of him and slammed on your brakes. He couldnt avoid hitting you. Who are they going to believe? who gets charged? maybe nobody, and you will end up paying your excess and losing any no claims bonus you may have had. You may even be charged and now your premiums are even higher.
So get the police involved unless you are in the wrong.
I am going to visit the cop shop and get this thing about exchanging details confirmed. Seems to me some is getting the brush off because someone else cant be bothered doing their job.
Squeak the Rat
14th May 2007, 12:37
I am going to visit the cop shop and get this thing about exchanging details confirmed. Seems to me some is getting the brush off because someone else cant be bothered doing their job.
Please do. Maybe ask them what specific piece of regulation says this.
Grahameeboy
14th May 2007, 12:39
If the police were to charge the person who hit you with an offence, it strengthens your case if any arguments crop up later. Especially when money is involved. And if the other guy doesnt want to wait around then the cops are going to hear your version first. If he leaves really quickly at least get his rego and complain of a hit and run. Probably hit you because he was in such a hurry in the first place, right?
As for rear end damage to your bike another scenario is he says you changed lanes right in front of him and slammed on your brakes. He couldnt avoid hitting you. Who are they going to believe? who gets charged? maybe nobody, and you will end up paying your excess and losing any no claims bonus you may have had. You may even be charged and now your premiums are even higher.
So get the police involved unless you are in the wrong.
I am going to visit the cop shop and get this thing about exchanging details confirmed. Seems to me some is getting the brush off because someone else cant be bothered doing their job.
If you are hit in rear the onus is on the following driver to prove the other driver did something wrong. If they cannot then the driver hit in the rear should win their claim.
At worse, the Court would decide 75/25 in front cars favour.....I attended a DT where a car passed our Insured as the road reduced.....then as he pulled in front of our Insured, he had to brake due to cars ahead but the poor old Insured had a reduced braking distance and hit guy in rear.......appaling decision cause the guy admitted to changing lanes but Ref said 'Hit in Rear'.
KATWYN
14th May 2007, 12:44
Well I reakon if we have to wait for a police officer to attend the scene
of a minor prang now it might take forever.....their time will probably be tied up attending more pressing issues like arresting parents for smacking their
child misbehaving in a supermarket.
And if we do call the police at the scene of a minor what happens if the other person leaves the scene? and if we don't share our details they sure as
heck won't share theirs....so what happens then as far as insurance or liability??
skidMark
14th May 2007, 12:52
what you should ALWYAS do at the scene of an accident is call the cops.. let them deal with the shit.
that is unless your to blame... if not.. no matter how big or small.. PHONE THE ROZZAS!
if your to blame you need to do one thing GT FOOT
Get The Fuck OuT Of There
SPman
14th May 2007, 12:58
In WA its quite simple- more than $1000 damage = police report, regardless.
KATWYN
14th May 2007, 13:16
How do ya assess that at that time?
$1000 damage could mean a whole car write off
....or it could just be a ding on the door of a new mercedes
Patrick
14th May 2007, 13:43
I wish one of our resident coppers would come in here and tell me what's the official line on this, because like I said I was told by the people at both Avondale and Auckland Central that "once you exchange details it is no longer a police matter" and "no, we will not accept a complaint from you."
That is news to me...
You could say, "I waited for the Police to arrive but after a few hours, we couldn't wait any longer and after exchanging details we left, as you do... how does the Police not arriving make it no longer a Police matter???"
In this case though, there is no problems... she admits wrong, and is sorting, no doubt? If Police were to be involved, the offending party is only going to get another bill... $150 ticket for failing to stop short... better to put that $150 toward your repairs?????
klingon
14th May 2007, 14:20
Thanks Patrick.
As it has turned out, the other party has totally admitted liability and it looks like it's all going to be sorted out as far as legal stuff goes (still working on the insurance with the help of Jetboy).
But it could have been very different. The driver's "memory" of the event is already different from mine - she's saying there was thick fog. My written notes made within two hours of the accuident say that the weather was fine and clear, visibility was perfect.
My injuries include bruising, cracked ribs and concussion. I guessed at the time that the bruising was going to happen but I didn't know abnout the others until later (I thought it was normal to not remember hitting the ground! :shit:)
In future, I will ask for the police to be called to the scene. In fact, I think I will request a policeman named Patrick who has two bums :D
jetboy
14th May 2007, 14:22
From an insurance point of view:
Most policies have clauses to the effect of (and I quote from my wording):
"DUTY AFTER ACCIDENT
There is no cover for loss or liability under this policy if the driver did not stop after the accident as required by law, or failed to comply with any other legal requirement in connection with the accident."
and
"MAKING A CLAIM
You must:
> immediately tell us in writing of any event that might result in a claim
> immediately tell the Police if property is lost or if you suspect theft, burglary, arson or malicious damage
> do as much as you can to minimise any loss or liability
> give us free access to examine and assess any loss
or liability
> take reasonable steps to obtain details of any other person, property or vehicle involved, and any witnesses
> immediately send us any communication received from any other person
> fully co-operate with us and complete any documentation we require, including statements on oath."
So as you can see we require you to comply with all laws surrounding an accident, and to take reasonable steps to obtain third party details.
Patrick
14th May 2007, 15:10
In future, I will ask for the police to be called to the scene. In fact, I think I will request a policeman named Patrick who has two bums :D
Sure...might take about four and a half hours to get there though... if I am eating donuts, that will take it out to 7hrs 45min... then there is the porn I have to hunt out on the net... see you in a month and a half??? Make sure you don't move anything until I get there....
Two bums????????????????????
Talk shit and do shit????
klingon
14th May 2007, 20:54
Two bums????????????????????
yeah... that's what's in your avatar so I thought it must be you... :mellow:
Puddlejumper
14th May 2007, 22:13
Yep, should let the police know. Just watch out for the insurance company of the other fella. Twice I've had accidents caused by car drivers and both times their insurance companies sent me a bill wrapped in a lot of legal threats. ( I hadn't bothered with my own insurance claim cos I could fix the damage myself for less than the excess) If I was the shy retiring type I would have been intimidated into admitting liability and paying up.
Lucky I'm an obstreperous, loud old bastard.
JimBob
15th May 2007, 07:24
Yep, should let the police know. Just watch out for the insurance company of the other fella. Twice I've had accidents caused by car drivers and both times their insurance companies sent me a bill wrapped in a lot of legal threats. ( I hadn't bothered with my own insurance claim cos I could fix the damage myself for less than the excess) If I was the shy retiring type I would have been intimidated into admitting liability and paying up.
Lucky I'm an obstreperous, loud old bastard.
If the accidents were caused by the car drivers how come you are footing the bill for repairs? You should be sending a bill the other way. Stuff the pricks, make them pay. Using your insurance wouldnt have cost you your excess because your insurance would recover it from the other party.
Grahameeboy
15th May 2007, 07:35
Thanks Patrick.
As it has turned out, the other party has totally admitted liability and it looks like it's all going to be sorted out as far as legal stuff goes (still working on the insurance with the help of Jetboy).
But it could have been very different. The driver's "memory" of the event is already different from mine - she's saying there was thick fog. My written notes made within two hours of the accuident say that the weather was fine and clear, visibility was perfect.
My injuries include bruising, cracked ribs and concussion. I guessed at the time that the bruising was going to happen but I didn't know abnout the others until later (I thought it was normal to not remember hitting the ground! :shit:)
In future, I will ask for the police to be called to the scene. In fact, I think I will request a policeman named Patrick who has two bums :D
Yep and it will take him 7 hours by which time the fog would have cleared up because he is not in Auckland.
If the accidents were caused by the car drivers how come you are footing the bill for repairs? You should be sending a bill the other way. Stuff the pricks, make them pay. Using your insurance wouldnt have cost you your excess because your insurance would recover it from the other party.
The excess is actually waived, not recovered if liability is clear cut.
In fact if you report an accident to your Insurance and it is clear that you were not at fault they should waive it there and then. They will try and say "well we have to get the other party to accept liability first" but the policy wording does not say that...........when my bike was hit whilst parked they told me they could not waive he excess until the other guy admitted liability........I pointed out what the policy wording says, she got cross with me, I spoke to a Team Leader and she agreed with me and it was waived.
If later the other guy disputes that is not your problem.
Patrick
15th May 2007, 09:31
Yep and it will take him 7 hours by which time the fog would have cleared up because he is not in Auckland.
:yes: but would have to come through the Hamilton fog first... makes for a slow outing...
Baldyheed
25th May 2007, 06:20
Any update on this incident? hope it went in your favour.
klingon
25th May 2007, 13:30
Well, I never did get to report it to the police. They're just not interested.
I officially have one cracked and several bruised ribs, post concussion syndrome, and (amazingly) interference to my vision as a result of my iris being knocked forward and hitting the front of my eye! :shit:
The other party has admitted full liability and has never tried to wriggle out of it. It annoys me that she's belittling it - things like "I wasn't going very fast when I hit you..!" Ahem. Hitting a stationary object at 30kph is pretty fast. And when that object is a human, it's going to hurt!
The good news: my bike comes home tomorrow and I'm going to rebuild it and turn it into a Triumph Thruxton. :D I just need another cylinder and a few other bits & pieces. :innocent:
Seriously, I'm going to buy back the "wreck" and fix it up with second-hand parts with the help of some friendly KBers. :sunny:
Thanks for asking :)
Ralph
25th May 2007, 13:47
:gob: What a read and some great advice, thanks for sharing your experience klingon. I had no idea this went on.
It's made me a bit wiser if I end up in a similar situation. Glad i won't have to find out the hard way.
Thanks.
Wannabiker
4th June 2007, 13:19
Hi there, Re the fog issue and changing memories. ....don't forget, most cellphones have a camera built in these days...take some pics at the time of the incident (Especially if you are not in the wrong).
peasea
5th June 2007, 12:52
Hi there, Re the fog issue and changing memories. ....don't forget, most cellphones have a camera built in these days...take some pics at the time of the incident (Especially if you are not in the wrong).
Yup, that can help! Good advice.
Years ago we got walloped severely around Mangaweka, twat pulled out of his drive onto SH1 and stopped on the centreline!!!! I had a bank on the right and a drop on the left, I was hoping he'd roll forward and I went to swerve to the right (into the oncoming lane but it was empty) but no, he saw me, got a panic going and I clobbered his rear with my left front doing about 90kph.
Cop arrived and while he was doing his bit I raced around taking pics with an old Olympus I had. Those pics made it soooooo easy in court! They showed the angles, the driveway, point of impact on the cars and all that. The jappa driver was found guilty of 'whatever' and so my insurance company went to work on his (or maybe him, who cares?) and our Fairlane was fixed. We actually made on the deal.
If you are able, take pics!!!
BevanPT
13th June 2007, 12:01
I had an incident a few years ago (car vs car). We exchanged details purely for our insurance companies as always easier to let them deal with it. Figured that was the end of it until I got a phone call from the police a few days later. The other driver visited the local cop shop and made a statement - police rang me as part of investigation whether to charge me with a driving offence. Charges never eventuated, but I had to go and give my side of the story to the police as well.
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