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VIC Car Accident - Dispute with Car Insurance

Discussion in 'Insurance Law Forum' started by pdm411, 4 August 2014.

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  1. pdm411

    pdm411 Member

    4 August 2014
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    I am at dispute over a car accident with my car insurance company. Basically I was reversing into a park, in an off street car park. Having made sure it was safe to do so (as the road law states) started reversing and a car came out of the blue and we collided, she was going too fast for a car park but that cannot be proven. Upon speaking she admitted fault and said she didn't see me, my partner witnessed this but cannot be used in evidence.

    I had chosen to reverse into the park, as being number 3 from the road this was the safest way to park in those first few parking spots. There is no law stating one cannot reverse into parks and is common practise in our town to do so.
    Now some months down the track my insurance company is trying to hit me up for the excess saying it is my fault.

    The part I am finding frustrating is the lack of support from my Insurer. I asked for a copy of the accident description from the second party but didn't receive it till some months later after complaining, in the mean time I had been given the go ahead to repair my car.
    It turned out the second parties description of the accident totally contradicted mine, (which is I assume why they did not forward it to me) but that does not come into account as I was the one reversing and found to be at fault. I questioned them whether they followed up on the contradictions and basically got a no, the reason being that the "second party"may have been confused as to the details and the road rules state the reversing driver is always to blame.

    The story given was the other person followed me into the off street park by turning right, (but in fact I entered the park by turning left as my drawing to them had already shown), there "supposedly"was another vehicle in front of them that went past me also? (if this was the case why didn't they seek them for a witness if I was the one in the wrong?) I sent in a photo of the car park showing where the accident happened and how there was not a lot of room stating blind Freddy could have seen my large dual cab 4x4 setting up to park.
    The second thing going against me was the location of damage, to my left rear bumper and the second parties right rear 1/4 panel, this was only because of the angle my vehicle was on, if I had of been straight on the second party would have hit my right rear 1/4 panel. Making them liable for not seeing me. The main point of contact was actually my tow bar which was not shown in any pictures as it was not damaged. My panel damage was minimal at $500 to repair.

    Seeking advice if I can take this further? Hope this makes some sense as just off the phone with the Insurers and arguing.
  2. John R

    John R Well-Known Member

    14 April 2014
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    Hi @pdm411
    Insurers can be frustrating at the best of times. As a starting point, have you reviewed your policy to understand the complaint/dispute resolution procedure for your insurer?

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