car incident, not answering calls

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6477 posts

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#776871 8-Mar-2013 13:21

Klipspringer:Lesson learnt: Next time take pictures, get a written statement from the other person involved. If need be, drive straight down to the police station with them to do this. Don't leave it. Many people out there are dishonest.

Take pictures by all means but the other driver only has to supply contact details and name of insurance co if applicable. His insurance co will have made it a condition that he doesn't admit anything and I doubt the Police will be interested unless there's an injury.

sleemanj

1490 posts

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#776872 8-Mar-2013 13:22

keewee01:

I wonder if because there is no warrant that there is also no insurance...

If the OP has no insurance at all, well, could get tough to collect.

If the OP does have insurance, the insurer can help. Doesn't matter about the WoF or Reg expiry one bit, as long as the accident wasn't anything to do with your driving, or the condition of your vehicle, then no worries. Insurance Law Reform Act 1977.

Even third party insurance typically also has some cover, or at least advice, where you can identify the third party.

---
James Sleeman
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mattwnz

20141 posts

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#776887 8-Mar-2013 13:25

Wouldn't not having a wof invalidate any insurance regardless of whether it was the cause of the problem or not . The fact is that the car shouldn't have been on the road without one. Just thinking that insurance companies will try to get out of paying off they can.
Usually a insurance company will tell you to go to the police for it to be written into a report and the police should check to see if they have valid WOFs

Klipspringer

2385 posts

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#776900 8-Mar-2013 13:36

Bung:
Klipspringer:Lesson learnt: Next time take pictures, get a written statement from the other person involved. If need be, drive straight down to the police station with them to do this. Don't leave it. Many people out there are dishonest.

Take pictures by all means but the other driver only has to supply contact details and name of insurance co if applicable. His insurance co will have made it a condition that he doesn't admit anything and I doubt the Police will be interested unless there's an injury.

I think getting a witness it also important.

Check if the other car has a valid rego/wof. If not, call the police to the scene of the accident. They can then come and get statements and issue fines if necessary.

The law is quiet strange in this country. Its not necessary to report accidents to the police unless somebody has been hurt or killed. (Did not realise that).

sleemanj

1490 posts

Uber Geek

#776908 8-Mar-2013 13:50

mattwnz: Wouldn't not having a wof invalidate any insurance regardless of whether it was the cause of the problem or not .

No. Been discussed many times. But briefly...

The Insurance Law Reform Act, 1977, Section 11.

the insured shall not be disentitled to be indemnified by the insurer by reason only of such provisions of the contract of insurance if the insured proves on the balance of probability that the loss in respect of which the insured seeks to be indemnified was not caused or contributed to by the happening of such events or the existence of such circumstances.

removing the law speak, it means that by law your insurer can not say "we won't accept your claim because your car didn't have a WoF" - that is an illegal reason to decline a claim.

The insurer CAN say "we won't accept your claim because the reason you crashed your car is that you had bald tyres and slid off the road when attempting to brake because of those bald tyres".

The existence or non-existence of a sticker indicating your vehicle was inspected at some point possibly up to 12 months ago, does not cause or contribute to the reason for the claim.

---
James Sleeman
I sell lots of stuff for electronic enthusiasts...

Bung

6477 posts

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#776909 8-Mar-2013 13:55

This is from a Vero policy

"vii. in the case of loss by theft, burglary or vandalism
advise the Police immediately.

b.You shall not without our written consent incur any
expense or negotiate, pay, settle, admit, repudiate or
make any agreement in relation to any claim."

I think insurance companies are quite aware that there aren't enough Police in this country to attend every minor accident. Damage claims are usually civil rather than criminal"

keewee01

1737 posts

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#776911 8-Mar-2013 13:59

Klipspringer:
keewee01:
I wonder if because there is no warrant that there is also no insurance...

There is a thread about that

You misunderstand me - given that qwerty has not paid for a WOF i was speculating that maybe qwerty has also not paid for insurance. you completely missed that by not reading it as a whole sentence.

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Oblivian

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#776913 8-Mar-2013 14:05

People still don't realise what the procedures are for accidents? Crikey.

As said, Insurance ASAP, if no joy police ASAP

And that goes for anyone else that doesn't realise.. ~~theres no need to contact the police unless there is injury or dispute of cause~~ - HOWEVER you ~~can~~ should call them and simply lodge the event as a minor accident, report ALL parties registrations and types, and request an E-Number or event number, this helps insurance confirm stories and times if they need to)

This reminds me of how astounded I was that the 3 cars involved in my last accident..

(Don't drive red cars, bloody magnets for people not concentrating and wanting to re-arrange the back end and do 2-3K of damage each bloody time!!!)

We were in a line of traffic and a Prado driver decided her 4x4 was better to keep going 50kph and give us all a hurry up.. but thats another story.

I pulled off the road and got out fuming and started to write down details and take photos of damage. When the instigator got out of the car, her first words were "Is everyone OK? I'm so sorry.. definately my fault... But now what do we do?. Do we have to call the police? What happens now?"

And here I was thinking it was general knowledge and even written somewhere during your Licence learning/sitting process that you swap all the details you can from all other parties and contact your insurance company ASAP to let them know of the circumstance. Or if there are injuries contact the Police.

The other 2 drivers were apparently clueless to the process and perferred to scratch their heads.

/ninja edit. It would appear for a ding it won't matter, but in my case its become apparent we should have reported it regardless.. see below

surfisup1000

5288 posts

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#776915 8-Mar-2013 14:05

Klipspringer: We had a similar thing happen to us. Guy backed into us in a shopping car park, gave us his contact details etc .. He was very friendly and apologetic at the time, stating that we don’t need to worry. He will pay for all damages etc etc ..

We contacted out insurance, who in turn contacted him. He changed his story and no longer admitted fault. He told my insurance company that we both drove into each other.

In the end insurance still covered our damage, but we ended up having to pay the $400 excess.

Lesson learnt: Next time take pictures, get a written statement from the other person involved. If need be, drive straight down to the police station with them to do this. Don't leave it. Many people out there are dishonest.

Even better, phone the police who interview and make out a report.

So many drop kicks out there unwilling to take responsibility for their own poor driving.

Klipspringer

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#776916 8-Mar-2013 14:07

keewee01:
Klipspringer:
keewee01:
I wonder if because there is no warrant that there is also no insurance...

There is a thread about that

You misunderstand me - given that qwerty has not paid for a WOF i was speculating that maybe qwerty has also not paid for insurance. you completely missed that by not reading it as a whole sentence.

Apologies. I jumped the gun. You right.
Therefore calling the insurance (and police due to no valid WOF), is not an option.

Don’t see any way forward for qwerty7 unless he/she does actually have insurance.

Klipspringer

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#776931 8-Mar-2013 14:10

Oblivian: theres no need to contact the police unless there is injury or dispute of cause - HOWEVER you can call them and simply lodge the event as a minor accident, report ALL parties registrations and types, and request an E-Number or event number, this helps insurance confirm stories and times if they need to)

What about calling the police and reporting damage to property?

Oblivian

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#776936 8-Mar-2013 14:24

Crikey, Seems I was put wrong and just put everyone else wrong too..

Strange, normally if you call them they say goto the local station and report stuff if they are busy and non urgent, and my insurance didn't mind that I hadn't bothered calling them since there was no injury.. But it would appear Police have a different view on it :)

If you are in a car crash:

?If you are involved in a car crash, it is very important to try and stay as calm as possible.
?You must stop to see if anyone else is injured or if property is damaged.
?If people are hurt, telephone 111 and ask for police and ambulance help. If you can?t telephone for help, then ask someone to telephone for you. Police will find out who was responsible for causing the crash.
?Police may arrest a person if they caused a crash by breaking New Zealand?s driving laws.
?In some less serious car crashes where no one is hurt, police will probably not come to the crash. But you must still report the crash to police.
?If you are in a car crash, then by law, you must tell police about it within 24 hours of the crash.
?If you have car insurance you should tell your insurance company that you have been in a car crash.
?You will need the police file number when making an insurance claim after a car crash.
?Give your name and address to the driver of any car that?s been damaged and to the owner of any property that?s been damaged. If other drivers are involved in the crash, try to find out whether they have insurance and which company they have insurance with.
?If you can?t drive your car after the crash then you should protect it from any more loss or damage. For example, move the car to the side of the road and lock it. Take personal things from the car away with you.

Aw well, Insurance was good about it. And it all got cleared up the same night. Reporting to them may be for statistical purposes only perhaps. Or fallback incase of disputes. I do wonder if she could have been done for careless use however now... Insurance officer suggested I write down that the rear vehicle was at fault as she failed to stop short

Bung

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#776947 8-Mar-2013 14:39

This from Road Code (haven't time to find underlying legislation)
"If you are involved in a crash while driving, and you are not badly injured, the first thing you must do is stop and check to see if anyone is hurt, and provide assistance.

If someone is hurt, you must tell a police officer as soon as possible and no later than 24 hours after the crash.

If no one is hurt, you must give your name, address and vehicle registration (and, if asked, the name and address of the owner of the vehicle you are driving, if it isn't your vehicle) as soon as possible but no later than 48 hours after the crash to:

the owner or driver of any other vehicle that has been damaged
the owner of any property that has been damaged.

If you can't find these people, you must tell a police officer as soon as possible and no later than 60 hours after the crash.

If your vehicle is insured, tell your insurance company as soon as possible after the crash."

I don't think reporting non injury accidents is require unless you haven't been able to swap details with other parties.

Oblivian

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#776949 8-Mar-2013 14:43

See now that was my understanding too.. hence my clearing it for other people.

Alas, Looks like another one of those nice grey areas (like clampers and their own law/regulating).. my quote was from police.govt.nz yet it differs from the legislation they follow..

Confused much :)

Cambo

107 posts

Master Geek

#776956 8-Mar-2013 15:04

Bung:
If someone is hurt, you must tell a police officer as soon as possible and no later than 24 hours after the crash.

I'd rather call someone more medical related, right? :P

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