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Topic # 198734 20-Jul-2016 18:36
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Cars are written off due to a driver using their phone. At first the told police they were calling, then it changed to texting because they would have been looking up at some stage calling, but failed to and caused a 7 car pile up at full speed at a major intersection. That was our story.

 

I cant prove they were playing a game, but very fishy changing story from calling to txting. And I dont know why police dont seize phones as evidence.

 

So I googled it and it seems rather common.


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  Reply # 1595783 20-Jul-2016 18:52
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Can police get records from their service provider? Surely that would show if they sent or received a txt around that time? The police might not care though; using a handheld phone is illegal, regardless of whether they were talking, texting, playing a game or checking Facebook.

 

 


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  Reply # 1595786 20-Jul-2016 18:54
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That's why I pokemon go with it in a holder when driving ;) (Not really)





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  Reply # 1595804 20-Jul-2016 19:32
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andrew027:

Can police get records from their service provider? Surely that would show if they sent or received a txt around that time? The police might not care though; using a handheld phone is illegal, regardless of whether they were talking, texting, playing a game or checking Facebook.


 



Yes with a warrant. It's not about not caring, it's just a waste of time/resources/money. The crash was caused by driver inattention due to mobile phone use. The rest is irrelevant in respect of proving guilt




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  Reply # 1595855 20-Jul-2016 21:03
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andrew027: Can police get records from their service provider? Surely that would show if they sent or received a txt around that time?

 

That depends on your definition, for example Hangouts uses data but I still refer to it as "texting" as it's an understandable, generic word. Seeing SMS messages on the account will prove that texting occurred, but lack of messages won't disprove it.




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  Reply # 1595890 20-Jul-2016 21:25
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scuwp:
andrew027:

 

Can police get records from their service provider? Surely that would show if they sent or received a txt around that time? The police might not care though; using a handheld phone is illegal, regardless of whether they were talking, texting, playing a game or checking Facebook

 



Yes with a warrant. It's not about not caring, it's just a waste of time/resources/money. The crash was caused by driver inattention due to mobile phone use. The rest is irrelevant in respect of proving guilt

 

to those playing or making a game?

 

whats worse is the insurance people to be honest. feel like moving banks.

 

i have no hard feelings toward the driver, we all make mistakes, but it did fit the stereotype.

 

do you get a criminal conviction failing to stop if using a phone? or do they only press charges if someone dies?

 

 




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  Reply # 1595892 20-Jul-2016 21:32
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would this be any different to a high speed crash at a major intersection with someone playing an Xbox or PS game on their front entertainment screen whilst driving? (pretty hard one handed id admit haha)

 

people were injured in the injury and other things costing money, can you do anything about that? and what if they choose to use the 3rd party persons insurance and you only get 70% of worth of the car due to depreciation decided by the insurance, can you try to reclaim the rest of the loss with the at fault?


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  Reply # 1595934 20-Jul-2016 23:43
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TeaLeaf:

 

would this be any different to a high speed crash at a major intersection with someone playing an Xbox or PS game on their front entertainment screen whilst driving? (pretty hard one handed id admit haha)

 

people were injured in the injury and other things costing money, can you do anything about that? and what if they choose to use the 3rd party persons insurance and you only get 70% of worth of the car due to depreciation decided by the insurance, can you try to reclaim the rest of the loss with the at fault?

 

 

do you get a criminal conviction failing to stop if using a phone? or do they only press charges if someone dies?

 

If the police attended (which they should have, or at least been told as soon as possible due to injuries) it is very likely the indvidual will be charged with careless (or dangerous) driving causing injury.  They may apply for diversion and receive it, but then again they may not.

 

people were injured in the injury and other things costing money, can you do anything about that?

 

In short no, ACC is in this country to deal with exactly that.  You may have grounds for a civil case but I think unlikely

 

 

 

and what if they choose to use the 3rd party persons insurance and you only get 70% of worth of the car due to depreciation decided by the insurance, can you try to reclaim the rest of the loss with the at fault?

 

I get what you are saying, however the car isnt worth 100% BECAUSE of depreciation.  The idea is you can buy a similar car of a similar age for the money that would be covered.

 

 


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  Reply # 1595938 21-Jul-2016 01:03
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TeaLeaf:

 

people were injured in the injury and other things costing money, can you do anything about that? and what if they choose to use the 3rd party persons insurance and you only get 70% of worth of the car due to depreciation decided by the insurance, can you try to reclaim the rest of the loss with the at fault?

 

 

That is why you have agreed value with your insurance, if you choose not to have insurance and rely on others third party policies you are free to chase after them with what you think your car is worth via other means, instead of just taking their insurance companies offer.





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  Reply # 1595983 21-Jul-2016 08:18
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andrew027:

 

Can police get records from their service provider? Surely that would show if they sent or received a txt around that time? The police might not care though; using a handheld phone is illegal, regardless of whether they were talking, texting, playing a game or checking Facebook.

 

 

 

Actually no. It is illegal to use a phone as a communication device whilst driving, which covers talking, texting, and I guess FB. But playing a game (particularly one hosted on the phone which doesn't use the Net (or Wifi or Bluetooth, I guess)) is not in itself illegal. It would however come under the heading of "Careless Driving" or similar. Similarly, it's perfectly legal (as it should be) to use for phone as a music player or GPS.

 

 


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  Reply # 1595993 21-Jul-2016 08:39
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I disagree.  Playing certain games on the phone would also be illegal. There is a catch-all "use of the phone in any way not already stipulated" 

 

You can only use a phone while driving if:

 

  • (a)the phone is secured in a mounting fixed to the vehicle; and
  • (b)if the driver manipulates or looks at the phone, he or she does so infrequently and briefly.

http://www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM2510830.html

 

As you said, that allows for use as hands-free phone, music player, GPS etc etc. 

 

Most games would need more then brief/infrequent attention and/or manipulation and thus would be deemed illegal.

 

 




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  Reply # 1596137 21-Jul-2016 12:24
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itxtme:

 

and what if they choose to use the 3rd party persons insurance and you only get 70% of worth of the car due to depreciation decided by the insurance, can you try to reclaim the rest of the loss with the at fault?

 

I get what you are saying, however the car isnt worth 100% BECAUSE of depreciation.  The idea is you can buy a similar car of a similar age for the money that would be covered.

 

 

 

the problem is the car has just had $1300 of brand new parts including tyres put on it, they are assessing the car at $1800.

 

the at fault driver said they would pay for all damages.

 

what im asking is can you take the at fault driver to small claims court for the difference in write off assessment payout and what the car is worth (which is about $3k, but realistically Id personally take $2500)

 

had this occured 1 month ago the owner I dont think would have been too unhappy with the $1800 but would have sold it for more.

 

i think even the radio is a distraction personally. driving is dangerous, its not about entertainment. i can understand people get bored, but people also get killed from drivers just changing a radio station.

 

thanks for the replies.


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  Reply # 1596143 21-Jul-2016 12:27
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TeaLeaf:

 

the problem is the car has just had $1300 of brand new parts including tyres put on it, they are assessing the car at $1800.

 

the at fault driver said they would pay for all damages.

 

what im asking is can you take the at fault driver to small claims court for the difference in write off assessment payout and what the car is worth (which is about $3k, but realistically Id personally take $2500)

 

had this occured 1 month ago the owner I dont think would have been too unhappy with the $1800 but would have sold it for more.

 

thanks for the replies.

 

 

So reject their offer and chase it thru disputes with the driver that crashed into you. They have made an offer of what they think it is worth and you have to weigh that up with the zero hassle of accepting their offer vs all that time and paperwork and getting independent valuations etc to take it to disputes yourself.

 

That is the outcome you have for not insuring yourself properly.





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  Reply # 1596382 21-Jul-2016 16:07
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richms:

 

[That is the outcome you have for not insuring yourself properly.

 

 

hey man lower the judgemental factor a tone.

 

when she got the insurance no depreciation was mentioned, yeah its probably in the fine print, but life gets busy and read 25 pages of fine print often loses its place in the line. plus the insurance said they mail each year with the new value which they didnt.

 

my question is, if the insurance pays $1800, can a loss be taken to small claims court for the difference between the write off and the valuation? or is it legal to ask the gentleman to honour paying for all losses to the vehicles involved and settle on a fair price to top up the loss?


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  Reply # 1596424 21-Jul-2016 17:46
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They do send you a letter each year with the policy renewal details that also includes the new discount amounts etc. I was under the impression that the person was claiming against the other persons 3rd party since you mentioned that.

 

If you have insurance and you claim thru it, that is the end of it for you, you assign all claims against the other party to your insurance company. You take your money from insurance, and they pursue the people that caused the damage if they were uninsired and they think they have a chance of getting any cash to make it worthwhile.

 

If you are not happy with their offer then your only choice is to not claim and go after the guys that did the damage directly for the amount that you think they caused, and be prepared for some muppet at the disputes tribunal to give you less than the insurance company was, and then have to go and hope you can collect on it.





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  Reply # 1596536 21-Jul-2016 22:03
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yeah or the guy tries to make a payment plan. nah she will take the $1800 but she genuinely never received an updated evaluation. when it mentioned she wasnt even aware they are meant to send them out. why this has occured im not sure. but i doubt the insurers going to care.

 

but the bank might care losing a .... of money in various investmenta when she explains the company that under writes for them have taken 2 weeks and still havnt assessed it and never sent out supposed revaluations so she is switching banks. shes rather pissed is the term. its not the money its the lying and the time frame when initially told 3 days by the insurance company, its been 15, and of course this reevaluation letter thing that im sure she will check in her next banks policies. gone are the days of an assessor looking at the damage and working estimating a cost of repair.


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