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The Pub For General Automotive Related Talk |
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24-01-2023, 06:13 PM | #1 | ||
DJT 45 and 47 POTUS
Join Date: Sep 2013
Posts: 7,368
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Minding my own business going home from work. Crawled to a stop then get slammed from behind. Guy in an Audi ran into the back of a Holden in front of him when then pushed the Holden into the back of my car. Damage isn't major but damn nuisance.
So who pays for my car repairs? The Audi driver or the Holden driver?
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Falcon: 1960 - 2016 My cars Current ride 2016 FG X XR6 - 6 speed manual Previous rides 2009 FG XR6 - 6 speed auto 2006 BF MkII XT ESP - 6 speed auto 2003 BA XT V8 - 5 speed manual 1999 AU Forte - 5 speed manual 1997 EL Fairmont - 4 speed auto 1990 EAII Fairmont Ghia - 4 speed auto |
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24-01-2023, 06:19 PM | #2 | |||
Thailand Specials
Join Date: Aug 2009
Location: Centrefold Lounge
Posts: 49,797
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Quote:
Unless you're uninsured, then RIP. |
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24-01-2023, 06:33 PM | #3 | ||
DJT 45 and 47 POTUS
Join Date: Sep 2013
Posts: 7,368
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Wrong answer Franco. I expected better from you.
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Falcon: 1960 - 2016 My cars Current ride 2016 FG X XR6 - 6 speed manual Previous rides 2009 FG XR6 - 6 speed auto 2006 BF MkII XT ESP - 6 speed auto 2003 BA XT V8 - 5 speed manual 1999 AU Forte - 5 speed manual 1997 EL Fairmont - 4 speed auto 1990 EAII Fairmont Ghia - 4 speed auto |
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24-01-2023, 06:41 PM | #4 | ||
Bolt Nerd
Join Date: Jan 2005
Location: Ojochal, Costa Rica (Pura Vida!)
Posts: 15,092
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Last car pays
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Current vehicles.. Yamaha Rhino UTV, SWB 4L TJ Jeep, and boring Lhd RAV4 Bionic BF F6... UPDATE: Replaced by Shiro White 370z 7A Roadster. SOLD Workhack: FG Silhouette XR50 Turbo ute (11.63@127.44mph) SOLD 2 wheels.. 2015 103ci HD Wideglide.. SOLD SOLD THE LOT, Voted with our feet and relocated to COSTA RICA for some Pura Vida! (Ex Blood Orange #023 FPV Pursuit owner : ) |
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24-01-2023, 06:44 PM | #5 | ||
FF.Com.Au Hardcore
Join Date: Dec 2009
Posts: 3,766
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I feel your pain. I have been tail ended twice in the last ten months second time car was written off.
Yes you would have to get and I am sure you did get details of the other two cars regos insurers and drivers licenses. Photos of damage. photos of other two cars. In my case the towie gave out cards for us to fill in and contact insurer. I also felt bloody angry. And its afffected my driving / I'm expecting the worse at any time. I would say my driving confidence is down. The last car in the three some who causes the double shunt is at fault. My view. |
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24-01-2023, 07:26 PM | #6 | ||
Thailand Specials
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24-01-2023, 07:27 PM | #7 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Hervey Bay
Posts: 5,309
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I think the insurance company, if there is one, covering the Holden will pay for your repairs and they will recover the money from the Audi driver.
Ultimately the Audi driver pays for everything, but the claims from your perspective have to go through the chain of who hit who. As Franco said. Get details, police report if need be and hand to your insurance company and let them sort it out. |
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24-01-2023, 07:32 PM | #8 | ||
Regular Member
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Location: Bathurst NSW
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24-01-2023, 07:33 PM | #9 | |||
Rob
Join Date: Sep 2006
Location: Woodcroft S.A.
Posts: 21,777
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Quote:
Not sure why Franco's response was dismissed. It's the correct response. You pay thousands in premiums over the years, let them earn some of it.
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24-01-2023, 07:36 PM | #10 | ||
Rob
Join Date: Sep 2006
Location: Woodcroft S.A.
Posts: 21,777
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Only if the last car was responsible for pushing the car in front into the car in front of them.
Syndrome will know whether he felt 1 bump or 2 etc.
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24-01-2023, 08:08 PM | #11 | ||
DJT 45 and 47 POTUS
Join Date: Sep 2013
Posts: 7,368
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Bugger. 21 year old driving his brother's car. Does not know if he has insurance.
__________________
Falcon: 1960 - 2016 My cars Current ride 2016 FG X XR6 - 6 speed manual Previous rides 2009 FG XR6 - 6 speed auto 2006 BF MkII XT ESP - 6 speed auto 2003 BA XT V8 - 5 speed manual 1999 AU Forte - 5 speed manual 1997 EL Fairmont - 4 speed auto 1990 EAII Fairmont Ghia - 4 speed auto Last edited by Syndrome; 24-01-2023 at 08:15 PM. |
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24-01-2023, 08:22 PM | #12 | ||
FF.Com.Au Hardcore
Join Date: Mar 2011
Location: VIC
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24-01-2023, 08:46 PM | #13 | ||
FF.Com.Au Hardcore
Join Date: Jul 2012
Posts: 3,878
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If it is only minor shouldn’t be any problems.Can be different if you aren’t insured in the case of a write off.Uninsured drivers tend to get bullied into accepting lower payouts if they don’t have an Ins Co fighting for them
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24-01-2023, 08:48 PM | #14 | ||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Hervey Bay
Posts: 5,309
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If you have fully comp insurances it matters absutively **** all whether the other drivers are insured or not. Give your insurance company both their names and your insurance company will repair your car for you, and possibly provide you a rental while its being repaired, at absolutely zero cost to you.
If the other drivers are not insured then your insurance company will sue them in small claims for their costs in repairing your car. If you dont have full comp insurance and the other does then you can make a claim through the other persons insurance, try either one, and they will repair your car. If its only small you might want to repair it yourself and sue them yourself in small claims. Or again if you don't have fully comp, speak to Kenyon and Ahmet layers in Melbourne. All they do is motor vehicle property claims and recovery on behalf of an injured party, that being you. I have used them before and they are excellent to deal with. They are NOT personal injury lawyers but property lawyers specialising in motor vehicle accidents. They represent you as the not at fault party and organise to get your car fixed at no cost in almost all cases. The primarily work within Victoria but I know they are still able to help in other states too, but not all. And its possible they might point you in the direction of another lawyer who can offer the same in your state. |
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24-01-2023, 09:00 PM | #15 | ||
FF.Com.Au Hardcore
Join Date: Jul 2005
Location: Melbourne
Posts: 6,938
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I believe its the car that hits you pays. Then if they want to chase someone else who may have caused them to hit you, that's on them and their insurance company to chase.
The rule is, they should have left enough space between their car and yours to not hit you.
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~~~~~~~~~~~~~~ Rides (past and present) Current: 2004 Ford Falcon 5.4L 3v Barra 220, Manual Past: Mitsubishi Sigma (m), Toyota Seca (m), Toyota Seca SX (m), Toyota Vienta V6 (m), Toyota Soarer 4L v8 (a), BA XR8 ute (m), T3 TE50 (m), BMW Z4 (m) AFF motto - If contrary views trigger, please use ignore button. |
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24-01-2023, 09:09 PM | #16 | ||
DIY Tragic
Join Date: Apr 2018
Location: Sydney, more than not. I hate it.
Posts: 22,879
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Syndrome, were you insured?
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25-01-2023, 06:53 AM | #17 | ||
FF.Com.Au Hardcore
Join Date: Aug 2005
Location: Melb.
Posts: 4,480
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The initial cause of the accident is the driver ultimately at fault, but I guess you're asking does your insurer claim against the car that made contact with you and does that insurer claim against the car that hit it etc...
However having been there before, even if your damage is minor just collect all the details from all involved and let your insurance company handle it. You may even have a loan vehicle clause in your policy or in the case of one of our accidents be able to submit the expenses of hiring a replacement van which went on to the driver at fault's insurer... |
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25-01-2023, 07:48 AM | #18 | |||
WT GT
Join Date: Jan 2006
Location: The GSS
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25-01-2023, 09:36 AM | #19 | |||
FF.Com.Au Hardcore
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Location: Melb.
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Quote:
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25-01-2023, 09:59 AM | #20 | |||
FF.Com.Au Hardcore
Join Date: Oct 2008
Location: Victoria
Posts: 7,854
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Quote:
exchange details like Franco suggested, and pass the details to your insurance company, they will deal with his insurance, problem solved Chasing the person ultimately responsible is of no benefit. If the 21 year old hasn't got insurance its his brothers problem but again not your problem.
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______________________________ 2015 Territory Titanium RWD Diesel - SOLD 2016 BMW X5 xdrive 30D Msport Seadoo Challenger 210SE 310HP |
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25-01-2023, 10:04 AM | #21 | |||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Hervey Bay
Posts: 5,309
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Quote:
Even then if it was a rule you'd have to consider what is reasonable. Leaving a 2m gap in front and being the meat in the sandwich with a 40km tail ender would probably leave the car in front of you unscathed. 60km an hour you might tap them. But what off the rear end agressor is doing 80 or 100, you'll clean up the car in front. Or they are a heavy vehicle combination towing a big van or something. Do you then leave 4m just in case? It's like being late for work or say an interview. You leave in plenty of time, but something holds you up and your late. Then you get criticised for being late, you should have allowed more time. Well, if you had to plan for every eventuality then you'd have to allow a 12 hour travel time. But that likely wouldn't include the possibility of a meteor taking out the road your supposed to drive down. To me in the end its a matter of "your property damaaged my property, so I have to claim off you". The meat says the same, but also says "you caused me to damage someone elses property, therefore ultimately you pay for that too". |
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25-01-2023, 10:06 AM | #22 | |||
Guest
Join Date: Aug 2018
Posts: 1,892
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Quote:
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25-01-2023, 10:11 AM | #23 | |||
FF.Com.Au Hardcore
Join Date: Oct 2008
Location: Victoria
Posts: 7,854
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Quote:
I had a VX commodore written off a few ears back where a lady took out 5 cars. at least 80kph into stationary vehicles can cause some havoc. The Guy in the new Calais I was shunted into keep calling me, apparently he had some insurance issues, In the end I had to tell him its not my problem deal with my insurance company
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______________________________ 2015 Territory Titanium RWD Diesel - SOLD 2016 BMW X5 xdrive 30D Msport Seadoo Challenger 210SE 310HP |
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25-01-2023, 10:14 AM | #24 | ||
DIY Tragic
Join Date: Apr 2018
Location: Sydney, more than not. I hate it.
Posts: 22,879
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You’re not legally obligated to provide a phone number, just address details that should correspond with the licence.
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25-01-2023, 10:18 AM | #25 | ||
FF.Com.Au Hardcore
Join Date: Jul 2005
Location: Melbourne
Posts: 6,938
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Not sure what the recommended distance is. But I always leave enough room that I can at the very least see the front car's rear tyres. It's been a rule of thumb taught to me from Ls. But I mainly do it cos it gives me a chance to switch lanes.
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~~~~~~~~~~~~~~ Rides (past and present) Current: 2004 Ford Falcon 5.4L 3v Barra 220, Manual Past: Mitsubishi Sigma (m), Toyota Seca (m), Toyota Seca SX (m), Toyota Vienta V6 (m), Toyota Soarer 4L v8 (a), BA XR8 ute (m), T3 TE50 (m), BMW Z4 (m) AFF motto - If contrary views trigger, please use ignore button. |
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25-01-2023, 10:19 AM | #26 | |||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: Hervey Bay
Posts: 5,309
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Quote:
Which truely truely sucks balls because it allows the other person to provide you with false details and possibly allow them to get away with it. *In Qld anyways. I remember it being the same in Vic. But might vary state by state. |
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25-01-2023, 10:46 AM | #27 | |||
FF.Com.Au Hardcore
Join Date: Dec 2009
Posts: 3,766
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Quote:
Back in March a druggie bitch ran up the back of my car while stopped at a red light. She would not give me anything other then a proof of identity age card which I kept and did not hand back. Next day I visited Mudgeeraba ( Gc Qld)Police station to hand the card back and report. The officer said. Oh. We know her well. Rang her mobile and home no -no answer this was at 1230pm,,,,interesting he had the numbers. Didnt answer phones. He said she will be asleep. He said we will bring her in and fine her for not exchanging details. I felt much happier |
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25-01-2023, 10:50 AM | #28 | ||
FF.Com.Au Hardcore
Join Date: Oct 2008
Location: Victoria
Posts: 7,854
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Yeah, from my experience next time I wont give my number out, just my insurance companies
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______________________________ 2015 Territory Titanium RWD Diesel - SOLD 2016 BMW X5 xdrive 30D Msport Seadoo Challenger 210SE 310HP |
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25-01-2023, 10:55 AM | #29 | ||
Donating Member
Join Date: Mar 2007
Location: Heading thru Hell (Corner)
Posts: 8,362
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Just before we go too far down the rabbit hole of what is legally obligated to be provided after involvement in an accident, the following applies in Victoria (from Vicroads website):
Crash responsibilities A summary of what you need to do if you are in a crash. If you are involved in a crash you must: stop immediately give help to any injured person provide your name, address, registration number, and vehicle owner’s name to others involved in the crash, or their representative, and to the police (if they are there) if anyone is injured and the police are not at the crash, you must report the crash to the nearest open police station if there is any property damage and the owner (or Police) is not there, you must report the crash to the nearest open police station. E:NSW is the same (from NSW gov site): Exchanging details If you’re involved in a crash you must give the other person or people involved: your name and address your vehicle registration number the name and address of the owner of the vehicle, if you’re not the owner.
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Labels are for jars, not for people. Life is a journey, not a destination. ~~~~~~~~~~~~~~ Daily: 2013 FGII EcoLPi in Winter White Play: 2015 FG X XR8 in Emperor Show' N Shine thread Gone, but not forgotten: 2015 SZII petrol Titanium Territory in Emperor |
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25-01-2023, 12:36 PM | #30 | |||
FF.Com.Au Hardcore
Join Date: Mar 2012
Posts: 5,155
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Quote:
"Ah yeah we know her well, she's sleeping now, wont be running into people for a few hours yet" How about taking her license away too? |
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