First Car Accident

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mattwnz

20165 posts

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#752968 29-Jan-2013 22:58

tardtasticx: Cant beleive it was so long ago, but eventually the car was repaired (My insurance company paid because she admitted over the phone to herself being at fault),
then a few months back she decided to go back on this claim, and said I was at fault. Now after getting no where, we're going to the disputes tribunal in March because she refuses to budge. Insurance company is chasing her for absolutely everything (nearly $1500 now). She wont be happy.

Whats the disputes tribunal like? I've never been before obviously.

Is your insurance company making you go or something? Never heard of that happening, but I guess if the other driver disputes it was their fault.When you reported it to the police and submitted a report, did they do anything, such as warn the other driver?Being a learner driver driving by themselves should have been a fine shouldn't it, especially as they were involved in an accident? A pity the police didn't attend the accident , as it may have been a lot easier for you.

kingjj

1728 posts

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#752980 29-Jan-2013 23:25

mattwnz:
tardtasticx: Cant beleive it was so long ago, but eventually the car was repaired (My insurance company paid because she admitted over the phone to herself being at fault),
then a few months back she decided to go back on this claim, and said I was at fault. Now after getting no where, we're going to the disputes tribunal in March because she refuses to budge. Insurance company is chasing her for absolutely everything (nearly $1500 now). She wont be happy.

Whats the disputes tribunal like? I've never been before obviously.

Is your insurance company making you go or something? Never heard of that happening, but I guess if the other driver disputes it was their fault.When you reported it to the police and submitted a report, did they do anything, such as warn the other driver?Being a learner driver driving by themselves should have been a fine shouldn't it, especially as they were involved in an accident? A pity the police didn't attend the accident , as it may have been a lot easier for you.

Generally police only attend vehicle collisions where there is injury, the road is blocked, there is a dispute over responsibility, the situation getting heated or there is a public interest. Of course there are always exceptions to the rule and frequently Police will go to the most minor of collisions if they are available.

Hopefully tardtasticx was advised when he reported it to *555 to go into his local Police station and report the collision, this would than be assigned to a crash officer for follow up. A *555 call only will not be followed up further other than being filed against the parties involved.

itxtme

2102 posts

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#753020 30-Jan-2013 08:19

mattwnz:
tardtasticx: Cant beleive it was so long ago, but eventually the car was repaired (My insurance company paid because she admitted over the phone to herself being at fault),
then a few months back she decided to go back on this claim, and said I was at fault. Now after getting no where, we're going to the disputes tribunal in March because she refuses to budge. Insurance company is chasing her for absolutely everything (nearly $1500 now). She wont be happy.

Whats the disputes tribunal like? I've never been before obviously.

Is your insurance company making you go or something? Never heard of that happening, but I guess if the other driver disputes it was their fault.When you reported it to the police and submitted a report, did they do anything, such as warn the other driver?Being a learner driver driving by themselves should have been a fine shouldn't it, especially as they were involved in an accident? A pity the police didn't attend the accident , as it may have been a lot easier for you.

Not unusual at all. Its the insurance company that is claiming, and OP will merely be a witness on their behalf

Journeyman

1187 posts

Uber Geek

#753372 30-Jan-2013 16:54

tardtasticx: Cant beleive it was so long ago, but eventually the car was repaired (My insurance company paid because she admitted over the phone to herself being at fault),
then a few months back she decided to go back on this claim, and said I was at fault. Now after getting no where, we're going to the disputes tribunal in March because she refuses to budge. Insurance company is chasing her for absolutely everything (nearly $1500 now). She wont be happy.

Whats the disputes tribunal like? I've never been before obviously.

It'll probably be pretty cut and dry. I had a similar thing happen to me where the guy who hit me changed his story and we ended up in the Disputes Tribunal, me and the insurance guy on one side, this teenager on the other.

In my case, the fella reversed in to me from a parking spot, which pretty much makes him in the wrong. But to make it worse, this young fella lied and said that he had two witnesses claiming I was speeding around the forecourt (lol) and hit into him on the OPPOSITE side from where I'd actually come into the forecourt. Of course, his witnesses were non-existent and the insurance guy produced photos from the assessor showing dents on the front right quarter of my car, proving that I couldn't possibly have had the carparks on my left as the kid claimed.

Anyway, we gave our versions of the story, drew some diagrams on a whiteboard and the adjudicator said that on the balance of evidence, the other guy was in the wrong. The insurance guy didn't need to say anything the whole time and I left them in the meeting room to discuss how the teenager would repay the insurance company :D

It was annoying taking time off work, but I really wanted to face down this punk who had the gall to claim that I was in the wrong! It was a shame that the adjudicator didn't bellow YOU LIED! YOU'RE A LIAR AND YOU'RE GOING TO HELL WITH THE OTHER LIARS! But he got his beans anyway... always check your mirrors and your blind spot, folks!

allan

2044 posts

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#753380 30-Jan-2013 17:20

I had an interesting situation a few years back, when my son ran up the back of a taxi in our car. The taxi driver claimed loss of use of his taxi while it was off the road being repaired and my insurance company settled directly with him. He subsequently decided he didn't like their settlement and began hounding my son - and after I objected, then me, for weeks on end to pay him further money. I couldn't get him to see that when I had insurance, I abrogated my rights to them, they were acting on my behalf and he had already had a settlement.

He then lodged a disputes tribunal claim, which a guy from the insurance company, my son and I all attended. The taxi driver annoyed the DT referee from the outset as he attempted to claim the filing fee (expressly prohibited by the empowering legislation) and was extremely pedantic with dozens and dozens of off-topic and meaningless points. When he finally ran out of steam, the guy from the insurance company came through with info that the same taxi driver had been a third-party with another of their clients and had previously accepted a loss-of-use settlement on exactly the same terms as this one.

At that point we had been in there about 1hr 45 and most of it had been the taxi driver ranting. The referee sent us out to consider her decision and the insurance company guy said it had been the longest DT hearing he had ever attended.

When the referee called us back in, she threw out the taxi driver's claim and that was almost that, except that about three weeks later my wife and I jumped into a taxi when it was pouring with rain one evening and who should be the driver but the same guy. He realised it was me and spent the entire trip glaring at me in the mirror.

mattwnz

20165 posts

Uber Geek

#753381 30-Jan-2013 17:21

itxtme:

Not unusual at all. Its the insurance company that is claiming, and OP will merely be a witness on their behalf

Luckily I have never been in that situation or had anyone I know have to do that. But I would expect that you could do it over the phone, rather than attend and have to take time off, unless you are reimbursed for lost wages by the insurance company as part of the claim they are making. It may also depend on the insurance company and the amount being claimed, as they may notbother for small amounts.

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