WA Uninsured minor car accident

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

jan.jan

Member
7 August 2019
1
0
1
I was in a carpark look for the parking lot, a car on my right blocked the way so I reversed. While reversing I scratched the car on the left. I am not sure if that driver was reversing or not (they claimed they did not)and has a passenger as a witness. I gave the driver my contact details and only got a message late at night. I was in shock as this has never happened to me, I did not jot down the car plate, and the only thing I recall was the car model.
From the message, the driver threatened to file a police report if I don't pay her cash, or she will go through her insurance company and the insurance company will contact me.
I need some legal advice as I am not sure if I am at fault or partially at fault. The other driver only has my car plate and my mobile number. She is insured and I am not
No injury, and a small dent with scratches

Thanks
 

Adam1user

Well-Known Member
5 January 2018
520
29
2,159
I was in a carpark look for the parking lot, a car on my right blocked the way so I reversed. While reversing I scratched the car on the left. I am not sure if that driver was reversing or not (they claimed they did not)and has a passenger as a witness. I gave the driver my contact details and only got a message late at night. I was in shock as this has never happened to me, I did not jot down the car plate, and the only thing I recall was the car model.
From the message, the driver threatened to file a police report if I don't pay her cash, or she will go through her insurance company and the insurance company will contact me.
I need some legal advice as I am not sure if I am at fault or partially at fault. The other driver only has my car plate and my mobile number. She is insured and I am not
No injury, and a small dent with scratches

Thanks
Accidents do happen, and that happened. Now you are in. So the best thing is to resolve it peacefully. My suggestion is talk with a police officer about the parking accidents (a friend of yours of someone you know, not formally), then call an insurance company, the parking accidents are a bit tricky.
The scratch (depending on how big it is), will be in the range of $300 to $500, if the person is asking way more, then take it (both of you) to an agreed panel beater to give you both a quote, it still disputed, then, they have to go through their insurance, which will cost them the excess (I will assume it will be more than $500) but I'm not sure about what will be for your side, I mean if they charge you the excess and other costs in addition to the fixing the vehicle.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,485
685
2,894
Sydney
1. If you were the vehicle that was moving, then, in insurance-think, you're at fault.

2. Accepting a payment of money from you, instead of making a claim on her insurance, is the other driver's choice to make.
Except that you would want her to sign a comprehensive release of all liability in return,
and you don't seem like somebody who can write one yourself.

3. As to you not being insured, well, this is what happens.
Basically, you gambled the false economy of saving the insurance premium
against your being personally liable in the even of an accident,
and you lost.