“Asking for a friend” - Uninsured not-at-fault Crash

[Citroënbender]

My E46 piloting mate, got cleaned up mid-roundabout by someone entering without looking.

1. He’s an idiot for being uninsured. I’m personally quite annoyed, as I’d leaned on the goodwill of members here to source NOS/OEM parts for the car, which is almost certainly a financial write-off.

2. Is there a well-worn path for legal representation to assist someone in this position, to recover some of their loss (noting the event is in NSW)?

Any useful pointers would be appreciated. I feel like a shepherd to the lunatic fringe this last fortnight.

[arm79]

If the at fault driver is insured then just a matter of your mate lodging a claim for fair compensation for the value of the loss of the vehicle and maybe a couple of weeks rental car hire with the insurance company. They should just pay out if its reasonable.

If the at fault driver is uninsured then he will simply have to go down the NCAT path and take his chances on recovery of funds.

I've used these lawyers to represent my interests before in damage recovery. All they do is vehicle accident property loss claims, they are NOT injury ambulance chasers. If the other driver is insured and its a cut and dried "not at fault" incident they will do all the leg work at no cost to your mate. https://ahmetlawyers.com.au/

I'm sure they can operate in NSW. Worst case they might be able to point you towards a lawyer who can.

[Citroënbender]

Thanks; I couldn’t quite remember the specifics of when you’d used a legal angle before. I want to see the damage with my own eyes and be certain it tallies with his description of what happened.

Now even more worried as he’s driving my ute!

[XB GS 351 Coupe]

Originally Posted by Citroënbender

Thanks; I couldn’t quite remember the specifics of when you’d used a legal angle before. I want to see the damage with my own eyes and be certain it tallies with his description of what happened.

Now even more worried as he’s driving my ute!

Why are you worried if the accident wasn't his fault?

EDIT:

Just read further down, to see it might have been the 'friends' fault.

Really but I do not let anyone drive my cars. Especially friends or strangers or anyone.

[Citroënbender]

Those are risks I am mostly comfortable with.

When another mate was chronically ill, grieving his father and receiving chemotherapy, it was a privilege to be able to loan him a car. One that blended in, made him look like he was working, one that gave bouts of freedom from the worry of well-meaning family and friends. He did round off the corners a bit; in the grander scheme of things - so what?

Back to the matter central to this thread; I won’t assist someone in misrepresentation of an event, but if they’re a friend I will offer assistance where practicable to recover their position and safeguard. In this case, it’s probably buying the car off him, doing a cheap fix to flip and splitting any profit.

[FoxtrotGolfXray 5.0]

Originally Posted by Citroënbender

Those are risks I am mostly comfortable with.

When another mate was chronically ill, grieving his father and receiving chemotherapy, it was a privilege to be able to loan him a car. One that blended in, made him look like he was working, one that gave bouts of freedom from the worry of well-meaning family and friends. He did round off the corners a bit; in the grander scheme of things - so what?

Back to the matter central to this thread; I won’t assist someone in misrepresentation of an event, but if they’re a friend I will offer assistance where practicable to recover their position and safeguard. In this case, it’s probably buying the car off him, doing a cheap fix to flip and splitting any profit.

You're a better friend than most would be in this situation, CB. Good on you, mate

[b0son]

Originally Posted by arm79

If the at fault driver is insured then just a matter of your mate lodging a claim for fair compensation for the value of the loss of the vehicle and maybe a couple of weeks rental car hire with the insurance company. They should just pay out if its reasonable.

Is there a justification for car hire if the car is a write-off? I thought it was only for while the car is being repaired?

[arm79]

Originally Posted by b0son

Is there a justification for car hire if the car is a write-off? I thought it was only for while the car is being repaired?

For some reason I don't get email notifications of new replies in threads from The Bar forum, but everything else I do. Very weird.

But anyways... On my/our policies we've gotten a hire car for 2 to 4 weeks post a write off, sometimes longer, regardless of fault. Usually they want the rental to end 2 weeks after a write off decision is made. Last time that happened to us, it was a not at fault, and it took 3 weeks for the insurance to decide to write off the car and we had the rental for 6 weeks in total.

Regardless, I think there is fair justification that if you are the not at fault party the at fault side should provide you with transportation for a reasonable time post accident given they are the ones who screwed up your immediate travel needs.

[Tonz]

is your ute insured?

[Citroënbender]

Originally Posted by Tonz

is your ute insured?

You bet it is! However non-nominated driver adds another $600-800 excess (can’t remember exactly).

[Citroënbender]

Looking at the damage, I believe liability was misrepresented to me, and mate is at fault.

If he was already in the roundabout, and struck by another vehicle entering, damage would be on the opposite side.

[arm79]

Originally Posted by Citroënbender

If he was already in the roundabout, and struck by another vehicle entering, damage would be on the opposite side.

In fairness to your mate, that would entirely depend which way around the roundabout he was going at the time.

The rule is that cars entering a roundabout must give way to all traffic already on the roundabout. It does not specify the direction of the traffic already on there, just that they have to give way to them.

[Citroënbender]

Yes, fair comment but I am confident he got the direction of rotation correct. It is a roundabout where locals sometimes charge in, as Cav alludes, but one should generally be cautious if not familiar.

PJ: How would you estimate the damage, in dollars? Removing the inner trim to access that pushed-in forward part of the quarter panel is a headache. Only structural elements affected are sill gouges and distortion of the welded portion to the lower door hinge. Rear bar needs blending, and there is existing delamination to the bonnet.

[Citroënbender]

Just to return to that discussion of fault and who yields, I’ve inserted an image of the roundabout. It’s on a well-known “rat run” that several members here would be familiar with.

Yellow arrow is the other car, they do come barrelling in from that street so anyone proceeding in the green arrow’s direction is normally cautious. I think old mate was tired and distracted, therefore not paying enough attention.

[Citroënbender]

Not impressed. To take this stuff and drive at night is likely a reason for entering a roundabout without due care.

[prktkljokr]

Expensive lesson.

Its not that bad, a fender, a door shell, a little massage here, a bit of filler there and it will be like new

I did a convertible a few years back the same colour and similar damage, broke even on it after the ignition key would not turn, then the the roof stopped working, always have problems when I buy green cars

[Cav]

If both cars enter the roundabout at the same time the fault can still be with the driver "pushing" their way through.

But if you can't be bothered even insuring your own car for 3rd party coverage then perhaps your mate needs to suck it up and may be liable for the repairs to the other car if he is at fault.

Who was she anyway?

[.:4:.]

So possibly irrelevant, but maybe relevant. Years ago driving to work i got can opened by a tray back ute in the work van. So not at fault. When exchanging details etc, yes i let him photo my licence but gave the company contact details as it was not my van. Got his personal details. So he was not insured and when he pled with me not to go through insurance, well, not my car, not my call.
So my then work went through their insurance and not only got the repair bill out of the bloke, being a vehicle that facilitates income also got compensation for loss of income with the van being off the road.

[MrEL]

Financially the car is a write off.
The only possible way I can see that your mate isn't at fault because of the damage to the right hand side and the fact the damage runs front to back , is if the other car darted out in front of him and he clipped the back of it on the way through.
That will even be a stretch to get over the line.

[Fordman1]

This is an expensive situation, and it’s not just about the BMW but the other car as well.

I would never drive a car that wasn’t insured.

You / She have hopefully learnt a lesson and things work out Ok.

[Citroënbender]

It’s not a she, it’s a mate from way back - but either way agree on the insurance pickle. My dearest is more likely to accidentally drive into a display at the bottle-o.

[Fordman1]

Originally Posted by Citroënbender

It’s not a she, it’s a mate from way back - but either way agree on the insurance pickle. My dearest is more likely to accidentally drive into a display at the bottle-o.

Sorry, yes understood, but like you say driving an uninsured car is pretty nuts.

[aussiblue]

I see it's in your favourite colour too; "Verdigris Green".

Sorry couldn't resist but I must say your generosity to your friends is very commendable and verging on sainthood,

[prktkljokr]

That's right the Rule is you must always give way to vehicles already in the roundabout.

We all know its like a first in best dressed in real life.

If the red car was in the round about before the green car it has the right of way, it can move from the inside to the outside lane to leave the roundabout and the green car has to give way for it to do so.

Our biggest problem is people cant merge smoothly, they seem to be unable to grasp the concept of meeting the flow and to slot in, people push in or drive to slow to merge, this at a 2 lane roundabout is a recipe for disaster and causes most problems, if they can grasp the concept of merging and which lane they need to be in, it flows quite nicely 90% of the time.

[GasoLane]

If more people realised that when driving the idea is to get from point A to point B without impeding anyone else's progress then things would go a lot smoother.

[Citroënbender]

Exactly, it’s like a team activity. If one player took the ball and never passed it or made real progress, they’d likely not even make the reserves next time.

PJ: Yes, tomorrow apparently.

[FoxtrotGolfXray 5.0]

You need some hand cream, CB.

[Citroënbender]

You promised not to tell!

[FoxtrotGolfXray 5.0]

I like to live risqué