Crash query

[nonplussed]

Hey there,

I was driving an uninsured car and i got crashed into from behind by a ute which pushed me into the car in front. Not my fault.
The ute that crashed into me buggered off while i was dealing with the driver of the car i crashed into the back of. I didn't get any details of the ute, i didn't expect them to just drive off.
Now the insurance company of the car i hit the back of want me to pay for the damage to that car.
The car i was driving is damaged in the front and the back. I have a witness but it's the passenger in my car.
What, if anything can i do about this?
Do i just have to pay for the damage to all vehicles?

[steve_t]

Without the details of the ute, I think you're gonna have to pay

[Usarka]

One of the benefits of being insured is that your insurance company deals with all this. I believe they have an agreement in this situation where it's a cascading nose-to-tail, but as your not insured then this may not count......

If it's a decent wad of cash I'd suggest seeking legal advice.

[Ferkletastic]

Advice below is friendly and as I'm not a legal professional should not be considered gospel, I accept no responsibility related to you heeding it or not.

In order to be held liable for damages due to negligence (what the other parties insurance co will be claiming) you must have either done something a reasonable person would not do or failed to do something a reasonable person would do that results in financial loss (damage to a vehicle in this case).

As you were rear ended and pushed into the car in front you could argue that in this case you are not negligent as your actions did not cause or contribute to any loss. Providing details of the damage to the rear of your vehicle could back this up.

In order to force you to pay or lodge any debt against you the other parties insurance company would need to get a court ruling usually by way of the disputes tribunal where they would have to prove that on the balance of probabilities you were negligent and contributed to their customers damage.

I used to be a claim debt recovery officer for a major insurance co.

[pzkpfw]

In a case like this, my understanding (I'm in no way someone who really knows anything) is that there's no way to "prove" to the insurer of the car in front that you didn't hit that car yourself, before the ute hit you from behind.

I know that sounds silly, but the insurance companies job is to not pay out.

When everyone is insured, the companies work it out among themselves.


Is there no way at all to track down that ute? Did this occur anywhere public?

[Murray]

In a case like this, my understanding (I'm in no way someone who really knows anything) is that there's no way to "prove" to the insurer of the car in front that you didn't hit that car yourself, before the ute hit you from behind.

I think your right there. Another reason why 3rd party insurance should be compulsory. Still waiting for the last 3 months of $4 a week back from my claim!!!!

[nonplussed]

Thanks for your input guys.

This happened in otara, i should have expected the driver of the ute to leggit when i had my back turned i suppose but i couldn't deal with everything at once.

I thought it was strange that my car was accelerating even though i had my foot on the brake, (it was the brake, i could feel the abs pulsing) it must have been the ute pushing me.

My insurer wouldn't be happy about having to pay for damages not caused by me and i'm not too happy about it either.

My car looks barely marked, (swedish iron) apart from a couple of bumper bracket marks on the rear bumper and a paint scuff on my bonnet.
The car i hit on the other hand, was an old corrola and was demolished. It's been written off. My airbag didn't even go off.

Everyone is a loser in this situation, but i seem to be the biggest loser. (you know what i mean)

I have no details for the ute apart from it being a very shagged, hand painted matt black nissan navara. probably about 1984 vintage.
Cops, needless to say, aren't interested.

[-df-]

In a case like this, my understanding (I'm in no way someone who really knows anything) is that there's no way to "prove" to the insurer of the car in front that you didn't hit that car yourself, before the ute hit you from behind.

I know that sounds silly, but the insurance companies job is to not pay out.

When everyone is insured, the companies work it out among themselves.


Is there no way at all to track down that ute? Did this occur anywhere public?

You just need to get the person that was in front to confirm if they got a double or single hit. single hit, the ute caused it all, double hit and the person behind hit, and then the ute hit

[cowboyz]

deny deny deny!!!

tell them to go find the person responsible and tell them its not your job too.. they will come up with all sorts of reasons why you should pay but just keep saying no!

[spajohn]

I'm no expert but if you hit someone from behind you are at fault, regardless of whether you were hit by someone else. Sorry dude, you're up for the repairs as far as I know.

[cowboyz]

99/100 times you are right.. very laymans terms.. you hit the back or drivers door and your at fault. there are some exclusions to this though. On the surface... I would be claiming no fault.

[Murray]

I'm no expert but if you hit someone from behind you are at fault, regardless of whether you were hit by someone else. Sorry dude, you're up for the repairs as far as I know.

Not if you are shunted from behind which forces you into the car in front.

Unless as in this case the shunter does a runner!

[cowboyz]

Not if you are shunted from behind which forces you into the car in front.

Unless as in this case the shunter does a runner!

just because your left at the scene doesnt make you liable.. the insurance company would blame a dog walking past if they thought they could get it to pay.

Your either liable or not. I claim not (on the surface). just say No!

[Murray]

Your either liable or not. I claim not (on the surface). just say No!

I concur - not liable

[marty]

don't run the risk of driving and uninsured car then bleat that you're up against it when you crash. it's like the uninsured people in Chch - they took the risk, now they have to face the consequences. Sad, but true. A friend of ours in our home town refuses to be insured - house, car - and refuses to use banks - carries $1000 cash all the time. In 1 week he crashed his car, and had a house fire. Has cost him the equivalent of 100 years of insurance payments.

Don't come crying to me with your hand out (he didn't/wouldn't) - suck it up.