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The Pub For General Automotive Related Talk |
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16-11-2010, 06:55 AM | #31 | ||
HUGH JARSE
Join Date: May 2005
Location: Yap-Hoon
Posts: 22,104
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Five months on I am still in complaining mode to the Police and Police Minister about a situation where another car backed into mine. CCTV footage shows the accident but because the rego plates cannot be seen, it is therefore inconclusive.
Basically it is one person's word word against another. Insurance will do nothing even though the other guy was identified. It seems this sort of thing happens all the time. The lesson? Whatever you've done - just deny it. The law, the Police, privacy provisions and the courts will protect you. |
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16-11-2010, 07:35 AM | #32 | |||
FF.Com.Au Hardcore
Join Date: Mar 2005
Posts: 7,769
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16-11-2010, 09:36 AM | #34 | |||
FF.Com.Au Hardcore
Join Date: Jan 2005
Location: coowonga
Posts: 1,654
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16-11-2010, 01:50 PM | #35 | ||
Regular Member
Join Date: May 2010
Posts: 316
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Why do people always jump up and down and blame the police for not "doing enough" when it comes to their civil disputes with insurance companies. Be proactive and look after your own interests. They did their job & they detirmined they didnt have enough evidence for an infringement..... This is totally different to evidence gathering re civil liability and isn't their problem. You seem like you were there.... you should've taken some responsibility yourself and grabbed some names of any witnesses.....
I find it very unlikely that anyone came forward as a witness, willing to give a statement and the Police did nothing. The fact is, nobody approached them and nobody was obviously a witness - as if that was the case, you'd have their details as no doubt you wouldve seen them too. You cant expect police, at a minor accident, to start canvasing the area and door knocking for witnesses - Everyone here crys foul whenever they get a minor traffic ticket because the Police should be doing something "more productive" - yet we want them to waste hours investigating a minor fender bender so they can issue a disobey traffic control signal ticket? Take it as a learning experience - Police are there to uphold the law, not protect you from your own civil liability. |
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16-11-2010, 04:17 PM | #36 | |||
FF.Com.Au Hardcore
Join Date: Feb 2009
Location: Somerville, Victoria
Posts: 704
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It's the insurance company that have told my mum (who is dealing with it on my sister's behalf) that if we make a claim, the insurer will need to obtain the police report which will state NO OUTCOME, therefore they must use the give way to thru traffic rule and as my sister was on the side road not the main road, she failed to do so.. long story short.. if we claim, all we succeed in doing is paying an excess to fix the other girl's car.
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customer: "My car seems to be changing colour and growing wings" Ford Service: "That's normal, they all do that after about 10,000km 2009 FG XR6, Ego Paint, Darkest possible tint, Sunroof, Black Vic number plates. No performance mods. Born To Be Mild |
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16-11-2010, 04:23 PM | #37 | |||
FF.Com.Au Hardcore
Join Date: Feb 2009
Location: Somerville, Victoria
Posts: 704
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Quote:
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customer: "My car seems to be changing colour and growing wings" Ford Service: "That's normal, they all do that after about 10,000km 2009 FG XR6, Ego Paint, Darkest possible tint, Sunroof, Black Vic number plates. No performance mods. Born To Be Mild |
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16-11-2010, 04:30 PM | #38 | ||
FF.Com.Au Hardcore
Join Date: Feb 2007
Location: Perth
Posts: 7,291
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Well said Dave3911.
Even though there were people standing around they may not have necessarily seen the prang. You know what it's like, you hear a screech and a bang, look around "Oh my God, someone just had a prang". Didn't see it, but heard it, sorry can't help as a witness.
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jaydee351 4DV8 |
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16-11-2010, 04:45 PM | #39 | ||
FF.Com.Au Hardcore
Join Date: Feb 2009
Location: Somerville, Victoria
Posts: 704
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Thanks for the input Dave, please don't think I'm police bashing, god knows they do enough around the place. They've delivered a dead end result for us because that's all they can do given the evidence surrounding them at the time. So be it. They most likely went and did far greater deeds straight afterwards anyway.
I didn't mean to be jumping up and down, crying and littering the forum with tales of my minor little fender bender but for my sister, her car was her little world, possibly like your car is to you. And to have another driver turn it into a steel boomerang, almost snapping her spine in the t-bone hit, she wants something done.. and whether you like the sound of it or not, I don't blame her and will back her up. Also, it's about the replacement of her hard earned car, it ain't about the signal ticket, obviously you're just joking there.. one would hope.
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customer: "My car seems to be changing colour and growing wings" Ford Service: "That's normal, they all do that after about 10,000km 2009 FG XR6, Ego Paint, Darkest possible tint, Sunroof, Black Vic number plates. No performance mods. Born To Be Mild |
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16-11-2010, 05:04 PM | #40 | |||
Australia
Join Date: Mar 2010
Location: behind a keyboard
Posts: 1,290
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I nearly got charged with bashing someone because the offenders fabricated witnesses. "Honesty pays" is sometimes best left for fairytales. I'm not police bashing either but "minor" is a relative term. A minor accident can still give rise to life long disabilities. (I'm not suggesting they treat every accident as a crime scene). "almost snapping her spine in the t-bone hit" <removed>. I hope your sister bounces back fighting fit. Don't give up, you might get lucky with a camera or a witness. Last edited by FgNewbie; 16-11-2010 at 05:23 PM. |
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16-11-2010, 05:11 PM | #41 | ||
FF.Com.Au Hardcore
Join Date: Feb 2009
Location: Somerville, Victoria
Posts: 704
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Thanks FGnewbie, I'm very sorry to hear about your nephew, that is awful. My little sis is fine, and thanks for the thought. She's out of hospital but still in bed, just very stiff and sore. With all our disappointment regarding the collision we are obviously very thankful that both girls are now ok.
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customer: "My car seems to be changing colour and growing wings" Ford Service: "That's normal, they all do that after about 10,000km 2009 FG XR6, Ego Paint, Darkest possible tint, Sunroof, Black Vic number plates. No performance mods. Born To Be Mild |
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16-11-2010, 05:27 PM | #42 | ||
Australia
Join Date: Mar 2010
Location: behind a keyboard
Posts: 1,290
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Great to hear she is out of hospital.
Thanks jammesson, I removed the comment. It didn't need to be in this thread. (He went this year so its still very fresh). |
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16-11-2010, 05:36 PM | #43 | |||
let it burn
Join Date: Feb 2006
Location: QUEENSLANDER!!!!!
Posts: 2,866
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On balance of probabilities, your sister is telling the truth based on that statement. |
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16-11-2010, 06:00 PM | #44 | |||
FF.Com.Au Hardcore
Join Date: Feb 2010
Location: Sun City, North Australis
Posts: 4,274
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If there is no dispute that the lights were working as you say the other driver says they had a yellow etc.... then the insurance company is full of it. The traffic lights were in operation. If it cant be decided what colour they were too bad. The insurance company is not allowed to make up road rules to suit the claim, which is what it is doing. If the lights were not working ONLY then do the road rules revert to the T-intersection rules.... You shouldve clarified your orginal statement as it infers you were having a go at the Police when your drama is the insurance company. This isnt a loophole in road rules....
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You've seen it, you've heard it and your still asking questions?? Don't write off the Goose until you see the box going into the hole.... |
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16-11-2010, 07:20 PM | #45 | |||
Ford Fanatic
Join Date: Feb 2005
Location: Brisbane
Posts: 1,480
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That is where the dispute lies. jamesson1980 In case you are not aware. I work for an insurance company in recoveries and settlements. I am happy to help guide you through how to deal with this if you want. PM the insurer and the exact type of policy and dates the policy runs for. (I am asking for this information so I can look up the appropriate PDS to know what that companies procedures and polices are.) PM me if you want to take up the offer of help.
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Everyone is entitled to my Opinion 2007 Territory TX SY RWD Ego |
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16-11-2010, 07:36 PM | #46 | |||
Former BTIKD
Join Date: Mar 2005
Location: Sunny Downtown Wagga Wagga. NSW.
Posts: 53,197
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Roger
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Dying at your job is natures way of saying that you're in the wrong line of work.
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16-11-2010, 07:43 PM | #47 | ||
Australia
Join Date: Mar 2010
Location: behind a keyboard
Posts: 1,290
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16-11-2010, 10:11 PM | #48 | ||
FF.Com.Au Hardcore
Join Date: Aug 2010
Location: Melbourne
Posts: 1,580
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Not to offend anyone but at the end of the day insurance companies are a business. they will do whatever they can to minimize losses and paying out money.
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05-12-2010, 11:17 AM | #49 | ||
FF.Com.Au Hardcore
Join Date: Feb 2009
Location: Somerville, Victoria
Posts: 704
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Ok, sorry to drag up this old thread, but for those who read and offered concern or advice, the matter has been settled. A witness had indeed approached one of the officers at the scene but not the one dealing with the case and somehow, that crucial bit of info was lost in lack of communication between the two. Never mind, all's well that ends well.
So with an accurate police report in hand, we approach our insurance who offered lowest possible market value with all towing and excess deducted, leaving us with $900 for a car that is $2,500 - $3,200 on paper and my sister proven not at fault. Just as we were about to contest the claim, the other uninsured driver (upon being sent a red light infringement) suddenly had insurance.. strange but true. Anyway, her insurance called Ready Car Insurance (never heard of em'?? me either) came and assessed the car at our house, and a cheque for $3,200 is in the mail. Thanks again for everyone's input, and thankfully a happy ending for us. But not for AAMI who have lost our entire family's business = 7 multi home/car policies and 5 car only policies over trying to worm out of a $3,000 car claim.
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customer: "My car seems to be changing colour and growing wings" Ford Service: "That's normal, they all do that after about 10,000km 2009 FG XR6, Ego Paint, Darkest possible tint, Sunroof, Black Vic number plates. No performance mods. Born To Be Mild |
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05-12-2010, 01:33 PM | #50 | |||
Regular Member
Join Date: May 2010
Location: Queensland
Posts: 197
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05-12-2010, 02:06 PM | #51 | ||||||
The one and only
Join Date: Dec 2004
Location: Carrum Downs, Victoria
Posts: 9,053
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Sad thing is, they tell the victims that the ‘police report’ can be obtained by the insurer via either phone or online, unfortuneately this is a complete lie. Which distresses the victim again later. Quote:
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In the case the insurance company is loosing big time. It is within their interest to hold the other person at fault so they can recover.
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1992 DC LTDHO 360rwkw built by me Tuned by CVE Performance Going of the rails on a crazy train Other cars include Dynamic ED Sprint, Dynamic DL LTD, Sparkling Burgundy DL LTD, Yellow, Red & Blue XB sedan & Black XB Coupe
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