VIC Car Accident - Hit from Behind but Car Insurance Company Demanding Payment?

[maattt]

I got rear ended in traffic. I do not have car insurance. I'm not working either. I have ignored 3 letters from the person who hit me from behinds' insurer. Now I have a second letter, a final demand for me to pay from DRA mercantile (debt collectors). Do I need to do anything? I know I am not a fault for the car accident. What should I do, if anything? Thanks for taking the time to read this. Any help will be greatly appreciated.

 

[Michael T]

Hi @maattt
You shouldn't ignore letters from debt collectors. What are they claiming in the letters?

There's a presumption that the person who hits you from behind in a car accident is at fault, but that is not always the case (they may be claiming you contributed to the accident and are therefore liable for some of the cost).

Legal Aid Victoria has a helpful "Driving and accidents" page.

Also have a read of these previous LawAnswers threads on car insurance after car accidents:

• "Car Accident - Car Insurance Making Unbelievable Claims" in the Insurance Law Forum.
• "Car Accident Turning Right and Hit by Overtaking Car - Who's at Fault?" in the Traffic Law Forum.

 

[maattt]

Thanks Michael T, the links you provided are great, Legal Aid was closed over Christmas and re opened today, I have an appointment with my local legal aid later this week.

 

[Phildo]

As mentioned above, rear-enders are usually the fault of the rear-most car.

What were the circumstances that made it your fault instead?

 

[maattt]

The driver that hit my 4wd, drivers side rear corner was speeding, intsead of slowing down to allow me to enter the highway via the entry ramp (that section of the highway is the beginning of a 70kmph zone, approximately 100m prior to the accident area, the highway is a 80kmph zone) he used his horn at least 7 times but did not slow down. He attempted to overtake my 4wd in heavy traffic whilst going around a corner over a bridge. I was sure he was about to impact the drivers side of my 4wd so I applied the breaks and stopped. He hit the drivers side rear corner of my 4wd. Also I have now received a payment demand from a lawyer stateing this I was stopped on the highway.

 

[Phildo]

The driver that hit my 4wd, drivers side rear corner was speeding, intsead of slowing down to allow me to enter the highway via the entry ramp (that section of the highway is the beginning of a 70kmph zone, approximately 100m prior to the accident area, the highway is a 80kmph zone) he used his horn at least 7 times but did not slow down. He attempted to overtake my 4wd in heavy traffic whilst going around a corner over a bridge. I was sure he was about to impact the drivers side of my 4wd so I applied the breaks and stopped. He hit the drivers side rear corner of my 4wd. Also I have now received a payment demand from a lawyer stateing this I was stopped on the highway.

I’ll need to re-read this a bunch of times to comprehend it properly, but one thing sticks out:

- the vehicle on the secondary road must give way to the vehicle on the main road.

intsead of slowing down to allow me to enter the highway via the entry ramp

If you are on the secondary road then the obligation is on you to ensure safe entry on to the main road before proceeding forward.

However, the fact that you have received the letter from a lawyer, and not an insurance company, indicates that the 4WD driver wasn’t insured.

Both drivers should have made a police report, and depending on the value of the damage, are legally required to do so. The police will then determine who was at fault, and what charges should be laid (possible against both drivers, for separate charges).