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Siggor

Being rear ended

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Just been rear ended yesterday i have gist of the laws surrounding such an accident as the person behind is at fault for any damage to the car in front, making sure proper distance is kept.

 

Any clarifications on this?

 

Currently she is trying to get out of it possibly due to other accidents that were her fault. 

 

Shock and adrenaline were pumping (first accident i've been in), didnt grab all the proper details except licence and insurance number. 

 

Any input would be welcomed.

 

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the person who rear ends you doesn't have  legal leg to stand on. 

Where was she? On her phone, not paying attention etc

she pays  -  end of story, a judge will say the same thing - no excuse

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Yeah she is trying to weasle her way out of it. I dont think she was paying attention, how it happened was that i was coming off a round about and there is a crossing no more than 10 metres away after the round about, at the last moment a kid decided to walk out and jumped on his skater and decide to skate across, i hit the brakes my friend had time to wave and say sorry, about 2 second delay bam. 

 

On moment she has insurance the next she doesnt, been getting mixed stories from her all day, i personally think she only had roadside assist and not 3rd party. 

 

Still sorting out the route to take, if i leave it i will be out of pocket but not much as i know people in smash repairs. 

 

I dont even know if its worth the stress to pursue it, but feels like she is trying to have it over me.

 

Good to see you around etherealdrifter

Edited by Siggor

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every registered vehicle in australia has to have 3rd party... You could be nice and ask her straight out if she has a license and the car is registered, if she answers no then you could be a nice bloke and get her to give you the cash and sort it out yourself... But i'd get the cash up front... If she's registered and licensed then you can chat to her about her excess, but i'd probably just do the insurance claim straight up and not have to mess around. It is her fault, it is always the person behind that is at fault no matter what happened in front... 

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I think CTP is different to 3rd party fire and damage. CTP allows only for death and injury.

 

Thanks for the replies guys, might give up on the pursuit could be less stressful than dealing with police, solicitors and small claims.

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Just an update it looks like i will be trying to get her to cover the cost now, there has been some leyway, but still not great she is very slow at engaging.

 

I did the rounds at the local smash repairs nobody is willing to give an exact quote as the damage is quite extensive, could be classed as a write off. Luckily i have somebody that works for a solicitors office that deals with these types of situations which has been a great help.

 

She did give a lowball offer to get this done and dusted unfortunately it wont pay for half of the vehicle of the same make and model, hoping that it stays out of court so i dont have to get nasty and stray from my passive self.

 

Thanks again all for the confidence i wasnt in the wrong

 

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