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VIC Car Accident - At-Fault Party Changed the Story

Discussion in 'Insurance Law Forum' started by Trudy Simpson, 6 January 2016.

  1. Trudy Simpson

    Trudy Simpson Member

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    I was in a car accident on the 14/12/2015 whereby I was stationary at red lights waiting and a young woman collided into my back right-hand tyre and side as she claims she was going into the slip lane. I had a friend as my passenger also.

    It was a brand new car I only had for 4 days! Due to the impact predominantly on my back right tyre which snapped the suspension and steel in half, it required a tow. She was profusely apologetic and we exchanged all details including car insurance details thinking it was crystal clear, her admitting fault and being cooperative

    My car was sent to a nearby panel beater which the tow company have arrangements with.
    The owner of this place shoved papers in my face. I was, at this stage, quite unwell and fainted in his office telling me to sign, not to worry he will take care of everything and he even gave me a car to get me home. He also got on the phone to the at-fault party to get her business. I did not sign as I was awaiting my car insurance's instructions. Upon advice, I was able to go through a third party and not claim through my insurance and let her insurance foot the bill.

    Next day my friend and I took the day off work and went to the doctor as I wasn't feeling well and to get checked over. Turned out we both had whiplash and I had a concussion.

    I rang her insurance and they said they had not determined liability. I was so angry I told the operator, "it's quite simple; I was stationary, your client hit me from behind!" She then said, "oh. we don't have that description and were awaiting written description and diagrams of events."

    I text the repair shop owner and told him I would have to go through my insurance due to these facts where he texted back saying, "liability has already been determined. Mazda owner has admitted fault" then he added he had her car there too to repair.

    At this time, I picked up my passenger from the accident and asked her to record my conversation on loud speaker with the at-fault party where she once again admits fault!

    As my gut instinct kicked in about this guy, I went back to my insurer which I must say were completely incompetent and could not even arrange a tow truck. I then looked around for other repairers that could help and found one. The trouble to get my car out, the exasperated tow storage and police involvement, I was right about him.

    The new repairer has recently come to me that the other party has changed the story and saying that I was merging in her lane and I'm at fault. I am absolutely furious, stressed and unable to sleep. I have been to the accident site and door knocked the shops to find any witnesses as well as put up posters in every shop window and bus stops, etc.

    I want to know what I can do apart from obviously making a claim through my insurance, what other legal avenues can I take. She is lying and I believe has been coerced by someone experienced in this industry as it wasn't a direct rear collision but my back right-hand tyre and side panels. This is insurance fraud!

    Can I use the voice recording? As the voice recording was heard and recorded on my friends phone's who was also my passenger, can she be used as a witness to attest to the recording?

    I have no car and paying weekly repayments for a new car I no longer have as well as continuos headaches. This is really running me to the ground!
     
  2. Rod

    Rod Well-Known Member

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    Best thing is to have your insurance company deal with the issue. Saves you much time, stress and quite literally headaches!
     
  3. Trudy Simpson

    Trudy Simpson Member

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    Thank you for reading and your help.

    But if I choose to take her to court for losses and damages, especially for the diminished value of my car upon repair, can I use my passenger as a witness as well as a witness to the phone conversation and the text message from the repairer who now is repairing her car and possibly the one coercing her?
     
  4. Rod

    Rod Well-Known Member

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    Yes. However it would be unwise to take on an insurance company without deep pockets and someone with expert legal knowledge on your side.
     
  5. Trudy Simpson

    Trudy Simpson Member

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    Thanks for the help - it's always the case. Honest, small people without the money can never have justice against these corporations!

    I have gone and knocked doors again and placed flyers everywhere. I hope one person comes forward that's all it will take to beat them.
     

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