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rb99

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#169812 26-Mar-2015 17:24
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Daughter on learners licence just had a bit of a bumper bashing. Apparently a car in front of her braked sharply in town centre so she braked hard too and stopped OK, the car behind her didn't. Seems to be minor damage to our cars number plate, but more, I imagine, to other car.

But being a learner and not very experienced with accidents she gave them her phone number but got precisely zero details off them.

So am I correct in assuming that if they drive into the back of you its their fault and that's all there is to it ? - they reckon it was her fault and they're going to a garage to get a quote which we are supposed to pay.

Also though I would report it to police as well as insurance. Good idea ?






“The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness.” -John Kenneth Galbraith

 

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mdooher
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  #1268533 26-Mar-2015 17:30
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Forget the Police, if there is not enough damage to your car to bother fixing it don't even bother with your insurance company.

If they ring back get their details and tell them you are not paying.


It is their fault end of story, they will never get the money out of you.




Matthew




timmmay
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  #1268534 26-Mar-2015 17:31
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You're meant to call the police aren't you? In general if you hit the back of someone it's your fault, so in your case not your daughters fault. If she was driving outside the conditions of her license (on learners?) you may have more of a problem.

They'll call when they want something from you, get their details then.

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  #1268535 26-Mar-2015 17:34
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It's the their fault for not following at a sufficient distance to stop. 
I wouldn't get insurance involved unless you think your damage is worth getting repairs / more than the cost of excess.

As for the police? Might pay to report it if you think the other drivers are going to pursure it. At the end of the day they will say the same, your daughter is in the right.




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andrewNZ
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  #1268536 26-Mar-2015 17:36
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If you run into the back of someone, it's almost certainly your fault. Its called failing to stop.

The only way it can be her fault is if she pulled in front of them too close and then braked hard immediately.

Bung
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  #1268537 26-Mar-2015 17:38
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You should be OK unless you really do mean daughter is on learner licence. She should be on Restricted before driving solo. Look at your policy. Mine with Vero requires notification whenever there's an incident that could result in a claim.

mdooher
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  #1268541 26-Mar-2015 17:40
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timmmay: You're meant to call the police aren't you?.


No, not unless someone is injured






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  #1268543 26-Mar-2015 17:41
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Bung: You should be OK unless you really do mean daughter is on learner licence. She should be on Restricted before driving solo. Look at your policy. Mine with Vero requires notification whenever there's an incident that could result in a claim.


If she was on learners I would not do any digging and hope the other party didn't either. Police and insurance would be a bigger problem as she would have no insurance even if her name is on the policy. 

rb99

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  #1268544 26-Mar-2015 17:44
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Sorry, she's on restricted, not learners. wasn't breaching any terms - by herself, during daylight etc.

It all sounds very reasonable not reporting to police, as no one was injured, and not reporting to insurance, if our car, which is worth the princely sum of $4000 is very little damaged anyway.

Just a bit worried if they report it to police / insurance and then come after us and we haven't reported it, would that cause any problems, will they say, but why didn't you report it sooner, your problem etc......(even they it was their fault ? )

Maybe I'm asking if we do report to insurance and / or police do you think there would be any reason to regret it ?




“The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness.” -John Kenneth Galbraith

 

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  #1268550 26-Mar-2015 17:50
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timmmay: You're meant to call the police aren't you? In general if you hit the back of someone it's your fault, so in your case not your daughters fault. If she was driving outside the conditions of her license (on learners?) you may have more of a problem.



Im pretty sure it doesn't matter if she was breaching her conditions as she was the one that was hit.

when had just got my full i ran up the back of someone one night, the police attended, the other driver was drunk, and didn't have a license and there was not much they could do about it and it was still deemed to be my fault, even though the other party legally shouldn't have been there at all, I "Failed to stop short"

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  #1268561 26-Mar-2015 18:18
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I havent been in that situation but I would probably still notify the insurance company even if not claiming.  The reason being they have way more experience with claims and can offer excellent advice as to which is best path to take




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  #1268564 26-Mar-2015 18:23
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The damage is to the rear of your daughter's car, and the front of theirs. Doesn't matter how stroppy they get and who they report it to there's no way they could force your daughter to pay up. The law is clear and under the circumstances you describe, they are at fault.




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  #1268567 26-Mar-2015 18:36
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I'd advise your insurance company now. That way if the other party comes to you you can put it in the hands of your insurers who will tell the other party to go away and stop being silly.

Stu

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  #1268574 26-Mar-2015 18:56
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At the very least, make sure she's noted the time and location of the incident.

Hopefully notifying her insurance company doesn't affect her record if you don't actually end up making a claim.




People often mistake me for an adult because of my age.

 

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  #1268576 26-Mar-2015 19:01
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You only have to report crashes to Police where there has been a injury or where there has been damage to property and you cannot find the owner. 

Breach or not of licence conditions is irrelevant to the circumstances. The following car is obligated to stop within the length of lane visible on a marked road (so stop short of the vehicle in front) or within 1/2 the visible distance on an unlaned road.   It doesn't matter why the car in front stopped.

Don't hand over a cent, it's not your daughters fault at all.  100% on the following car.
 




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rb99

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  #1268584 26-Mar-2015 19:18
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Hmm, thanks very much guys, sounds like the best bet is to notify insurance but not police. No one could say we were trying to hide anything I guess.

Since I asked this daughter has arrived home (she was 70km away at the time) and.....

- the damage is indeed very minor

- now not quite so sure if they were trying to blame my daughter and expecting her to pay, seems to depend on the exact wording of things that were said. Will see what develops....




“The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness.” -John Kenneth Galbraith

 

rb99


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