how have u gone with the repair, where did u decide on?

Totatly agree and I would also advise the same police office you spoke to also regarding this also and re-attemped the accident report

_________________
Stop Licking the Dog...I Don't Care Who Started It

Cheers speedy.

I'm not going to settle for anything less than my car being back in the immaculate condition it was in before the crash. I had a similar experience last year on my motorcycle, the only difference being the car pulled out from the median strip into me. Didn't lose that one and I won't be losing this one.

Semii-colin, haven't got the quotes back. I'm leaning towards collision centre in Eltham. Its local, members of my family have used him before (did a great job!) and he understood exactly where I was coming from. A Grade Panels were a similarly impressive professional business.

Gafmo, I spoke to my insurer this afternoon regarding the conversation. After offering to give them the details they said that, given that he may deny everything, I'm better off sticking to my statement and letting them sort through it. Having said that, I'll be recording the details of our conversation and holding onto them for future reference.

Do you have any witnesses? If not it could get ugly, because it sounds like the other driver will try to get out of paying.

If he contacts you directly again refer him to your insurance co and make him deal with them because the calls will/should be recorded. If your insurer is a paperless one all of the conversations are recorded. So if he changes anything he says to them then he's up the creek. If he sends you mail, fax it to the claims people as well. Keep your insurance co in the loop 100%.
Believe me when I say that insurer will go after the other guy for the money.
Make sure you take lots of detailed photo's of the damage before any repairs are made, this is to back you up if there is any ongoing dispute about the damage and condition of the car at the time of the accident.
Always stick to the truth as lies will catch you out in the end. and keep to the same story every time you deal with your insurance co, consitency will be a winner in this style of claim.

But worst case here is that you have to pay your excess and your car still gets fixed and that you didn't end up wearing his tray as a helmet.

_________________

Nav, thanks for the comments. Yes, I forgot to mention that I do have a witness. I emailed him yesterday regarding the developments and he has already emailed my insurer with a statement of what he saw.

As for the photos, I'll be taking plenty today as I work on my submission. Interestingly, the other guy, once I told him that I thought he had failed to give way he argued that as there was no give way sign at the driveway he was pulling out from he didn't need to. He hasn't yet read Rule 73 of the Victorian Road Rules.

This is what it has to say;


Giving way at a T-intersection
(1) A driver at a T-intersection without traffic lights or a stop sign, stop line, give way sign or give way line, must give way in accordance with this rule.

Note 2 For this rule, give way means the driver must slow down and, if necessary, stop to avoid a collision

It seems to me, then, that he had a legal obligation to 'avoid a collision'. Therefore the burden of proof would be on him to establish that he didn't cause the collision.

And give way is defined in the dictionary of the Road Rules Act as follows

give way, for a driver or pedestrian, means -
(a) if the driver or pedestrian is stopped-remain stationary until it is safe to proceed; or
(b) in any other case-slow down and, if necessary, stop to avoid a collision

Given this, I simply don't understand, other than for economic reasons, why he claims he's not at fault.

don't forget that right through the small print on any insurance policy it says that you are not to admit fault - I know he's not insured now (or tells you he isn't) but perhaps he has been in the past and remembers that little bit.

_________________
'62 Morris 850 (Marion)
'65 Mini Delux - sleeper 1275/S discs (Ms Plum)
'69 Vanden Plas Princess 1300
'71 Wolseley 1300
'74 Austin 1300 Countryman
'94 XJ6 Sport 3.2
'04 Rover 75 CDTi

Excellent.
My understanding of the road rules is you always give way to traffic on your right, esp when leaving a driveway. He probably wasn't looking or paying attention as most people do these days.

It's an unfortunate reminder for everyone to check their insurance policies and read the product disclosure statements. You should always read the fine print. If you have any questions ask your insurer, they have people there just for enquiries.

_________________

Rehab1964 - good point. I guess that may explain his erratic behaviour. I'm yet to hear from either repairer. Still waiting on the quotes.

Toby Tyler from mini spares and repairs in seaford uses a panel shop in mordialloc who repairs a lot of minis and his son who works there apparently drives one. I know of one mini there at the moment. You could find out more by asking toby on 9786-0277 if that is any help. Just thought it may be closer depending on where you live. Sorry to hear about the collision.

_________________
Flute - 68 MK I Cooper S
Member: VMCI #2474
Member: International Mini Model Collectors Club

Cheers Toby Tyler. Seaford isn't in my area though. I live in Eltham.

I've figured out how to upload photos. Followed the how to! Here they are.

ouch

very nice paint job by the way

_________________

Cheers. It's going to be restored to its former glory!

I'm glad i'm not paying for that to be fixed. With my limited knowledge of paints and airbrishing of cars etc. that's going to be a few thousand dollars as they'll probably have to re do the passengers side as well to ensure a good match for the harlequin paint.


Don't whatever you do accept any less than what it was immediately prior to the accident. And make sure your panel shop includes re-doing the flames in their quote

_________________

OMG I feel so sorry for you. THat car looks hot... at least you werent in a crash like Lauren...at the end of the day as much as things like this cost money, avoiding being in a hospital bed thanking god your alive is a good thing..>!!!