Accident laws

[Blossom]

The insurance thread had me and my other half talking. We have both been told different things by the police about what you have to do if you have an accident.

 

I was rear ended about four years ago. Someone I work with told me I had to report it within 24 hours. I went and reported it and the policeman said that was the case, and if the other driver didn't also go and report it they would be in trouble.

 

My partner a couple of years ago clipped a car in his truck. He went to the police to report it and they told him it didn't have to be reported unless the damage was at least (something like) $5k worth of damage. They wouldn't accept a report from him.

 

It seems from the insurance thread that the op's son was also told he should have reported it.

 

So does anyone know, is it actually law?

[Guest Claire-n-tel]

The times when you don't have to report an accident is if....

 

(a) the only property destroyed or damaged is property owned by the driver; or

 

 

(b) a fair estimate of the cost of making good the damage to property is less than $3,000.

[Blossom]

Mmmmm, that's a hard one if you have no idea how much repairs cost.

[Guest Claire-n-tel]

Yep, I guess if you are unsure then maybe attempt to report it anyway?

 

If the car that you are involved in an accident with is unattended you would always have to report it to the police, although not sure if it should be before you leave the scene or not,

[Lazy Cow]

My car has been hit not once, but twice, in a car park.

 

No details were left either time, and it totally sucked.

 

Anyhow, I contacted the police and since no one had been hurt, I was told to report the collison on this webpage:

 

http://www.reportacrash.police.sa.gov.au/

 

In the end, I decided against going through my insurance so I never completed the form* - I think you need an insurance claim number.

 

LC

 

*The damage was only a few hundred more than the deductible, and I haven't been involved in any accidents involving anyone else since 2001 so I didn't want someone else to affect my premium. I have, however, hit a stobie pole and a wall lol....

[Tamara (Homes Down Under)]

I had a very minor accident a couple of years ago...driver in front braked suddenly and I hit their towbar. No damage to their vehicle but my radiator started to leak. A police vehicle was across the road and they came across.

They would now allow my vehicle to be towed by the RAA (I am a member) because it was an accident and they waited for 45 minutes for an "appointed tower" to take my car 5km to their yard...the cost $330!! It cost me $60 to have it towed to my repairer at a later time.

Absolute robbery!

[Blossom]

Yer, my partner used to tow for them. To be able to tow for the police they have strict time deadlines to be there in, and mustn't have any driving convictions etc.

You can understand if the road is being blocked or something, but often it's just silly.

[Guest BurgessFamily]

There was an incident once where *someone* was returning to the car after shopping. Whilst putting stuff in the car, *they* turned around, only to see a high speed trolley hurtling towards another parked car (why they would have a sloping car park???). Nothing could stop the collision, which resulted in a heavy dent. The offender has not been seen since.

 

I kind of wonder what the outcome would be, having a lack of trolley insurance to cover the damage.

[Tamara (Homes Down Under)]

Yer, my partner used to tow for them. To be able to tow for the police they have strict time deadlines to be there in, and mustn't have any driving convictions etc.

You can understand if the road is being blocked or something, but often it's just silly.

 

If the road was blocked it's understandable but in this case my car was parked in a quiet side street with a slow radiator leak!

[Tamara (Homes Down Under)]

We went to the Adelaide entertainment centre on wednesday evening. Whilst still in the car (car parked) another vehicle collided with us....hit the front wing and then decided what the hell and proceeded to dent the passenger door as well!

The driver was quite shocked when my OH climbed out of what they thought was an empty car.

 

Anyway. He collected particulars, registration, address, licence number, phone number etc and took lots of pictures.

We went to the police station and were told that if the damage was below $3000 it didn't have to be reported but that you could if you wanted to. They provided the details of the reportacrash as shown above and we completed an online report anyway.

Contacted the insurance the next day and I don't have to pay the excess as I have the other drivers details (fortunately). The repair company phoned 30 minutes later and I took it through. The other drivers insurance company phoned later in the day and said that they will take care of everything.

If you ever see a collision in a carpark it's a good thing to write the rego of the offending vehicle down and leave it on the damaged vehicles windscreen...it will save them the excess if they are insured.

[Blossom]

Wow, you don't have much luck. Glad to hear they were insured though.

 

My ex husband was in a crash a few months ago. He was right at the front of a line of 6 cars who had all been pushed into each other from one guy at the back, who then drove off. He was so far in front he had no idea what was going on back there. Apparently the car who hit him, their insurance won't pay out as they say the fault here is 100% with the person who caused the accident, not anyone who had stopped too close. And nobody has the rego of the car who drove off. His car wasn't worth a huge amount so was only insured 3rd party property, and comminsure who he is with wouldn't even give him advice on what he could do.

[Keith & Linda]

Wow, you don't have much luck. Glad to hear they were insured though.

 

My ex husband was in a crash a few months ago. He was right at the front of a line of 6 cars who had all been pushed into each other from one guy at the back, who then drove off. He was so far in front he had no idea what was going on back there. Apparently the car who hit him, their insurance won't pay out as they say the fault here is 100% with the person who caused the accident, not anyone who had stopped too close. And nobody has the rego of the car who drove off. His car wasn't worth a huge amount so was only insured 3rd party property, and comminsure who he is with wouldn't even give him advice on what he could do.

 

Well from my personal experience on both family and company vehicles, it is always the vehicle that bumps into you, on the basic principle that they did not maintain a safe distance. Just like driving to the conditions really, you allow longer stopping distances in wet conditions, can't use the excuse 'its not my fault the road was wet!' also did the guy behind have his handbrake on? to push 5 or 6 vehicles and still be able to drive away then I would guess not too much speed involved and a few not braked correctly. There was only one car that bumped into you so it is them and only them that you can claim from, it's then upto the insurance companies to go down the line, that's why we pay them the poor guy at the back should be having the greater problems. I have on occasions had to basically tell the insurance to do their job when they have been to readily going down the easy option route.

too late for your ex now I suppose but others need to be aware.

[Blossom]

Apparently it doesn't work like that here. If you are at the back you are at fault.

A woman I work with had the same. She was the person who caused four cars to go into each other and was told by the insurance company that they had to pay out to all four car drivers as she was at the back. Seems crazy I know.

[Tamara (Homes Down Under)]

Well from my personal experience on both family and company vehicles, it is always the vehicle that bumps into you, on the basic principle that they did not maintain a safe distance. Just like driving to the conditions really, you allow longer stopping distances in wet conditions, can't use the excuse 'its not my fault the road was wet!' also did the guy behind have his handbrake on? to push 5 or 6 vehicles and still be able to drive away then I would guess not too much speed involved and a few not braked correctly. There was only one car that bumped into you so it is them and only them that you can claim from, it's then upto the insurance companies to go down the line, that's why we pay them the poor guy at the back should be having the greater problems. I have on occasions had to basically tell the insurance to do their job when they have been to readily going down the easy option route.

too late for your ex now I suppose but others need to be aware.

 

You are right about having to tell the insurance companies to do their job.

When we reported the claim we were told by the insurance person "do you want us to process the claim or will you be dealing with the other person directly?" That's why we pay for fully comprehensive insurance...not so that we have to do the chasing around!

[Keith & Linda]

Apparently it doesn't work like that here. If you are at the back you are at fault.

A woman I work with had the same. She was the person who caused four cars to go into each other and was told by the insurance company that they had to pay out to all four car drivers as she was at the back. Seems crazy I know.

 

Blossom I am talking about here in Aus. agree the person at the back caused it but it is upto the insurance companies to go down the line in apportioning blame and settling claims your claim is on the car that actually hit you. Lets say for example that you are the front car and the car that actually bumped yours drove off, and nobody got their number then whose to say that you actually got bumped into or even that car number three pushed the drive away car into you, could you still claim off the rear car that caused the whole shunt now there is a gap? bet the insurance company would look closely at your claim.

[Guest BurgessFamily]

I remember many years ago...back in the UK, a work colleague bought an old fiesta Mk1. Having it less than a week he failed to notice cars slowing at a pedestrian crossing. He hit 6 cars, and 4 pedestrians... (not directly, but each went into the other). no-one was badly hurt, but ALL claimed against my colleague. Worst still, the 2 cars at the front were on their way to a classic sports car festival. His bill came to well over a million pound which luckily his insurance paid.

 

He couldn't get insurance for ages afterwards though and had to use the bus.

[Keith & Linda]

Blossom, in your ex's case, as the offending vehicle fled the scene do you know whom was the claim made against then?

[Blossom]

Blossom, in your ex's case, as the offending vehicle fled the scene do you know whom was the claim made against then?

Nobody got the number. The police weren't interested. The insurance company of the guy who hit my ex basically told him to take a run and jump (he tried a few times to see if anyone more helpful answered).

 

The woman I work with who was told she was to pay (the insurance company anyway) as she was at the back was in Adelaide.

I can understand the insurance companies trying to get out of paying my ex, but not one accepting to pay for five cars worth if damage if they had a chance of getting some of that money back off others.

[Blossom]

Blossom, in your ex's case, as the offending vehicle fled the scene do you know whom was the claim made against then?

As far as I know they were all told 'tough' and had to claim against their own insurance if they had it.

[Keith & Linda]

Strange how these insurance companies work hey! mine was claim off the car that hit me and they claim on from there and so on down the line, with the at fault vehicle insurance, rightly, getting the bulk lot of claims (assuming they are insured).

[Blossom]

Yep, knowing that others had been told it's all down to the back car here I did tell him when he phoned the other persons insurance to not mention any other cars, just that he had been hit at some lights by someone insured by them. Unfortunately he is one of these people who go into mega detail on everything (like what was on the radio at the time bla bla bla).