So, I had an accident...

[gjm 3258]

I had an accident, yesterday, at maybe 30km/h, in broad daylight with good visibility.

I turned left into a road, driving briskly but not excessively (imho) fast - no squealing, no smoking tyres, no sliding, no excessive body roll in a softly sprung car. I was indicating my turn.

The road had cars parked on the left but is very wide. There was plenty of space to pass, so I was positioned to the left of the centre of the road so I would pass cars with a gap of at 1.5m to spare.

I had turned into the road, straightened up, started to accelerate, when a car parked on the left pulled away from the kerb and started to perform a U-turn. Frankly, I don't recall whether it was displaying an indicator, but I don't think so.

I braked hard, stopping very close to the turning car - I did not hit it.

The car continued to turn. We were so close that I felt the turning car connect with the nearside front corner of the car I was driving.

Instead of stopping, the car continued to turn, dragging it's side on the front nearside corner of the car I was driving.

The driver, realising her error, straightened slightly and pulled into an angled parking bay on the opposite side of the road to where she had come from.

I've attached a very rudimentary diagram showing directions of travel.

Net result? A small scuff on the front nearside corner of the car I was in, and signs of a 'drag' along the side of the other car, starting towards the back of the drivers door, continuing along the rear passenger door to the front of the rear wheel arch, and showing signs of having continued on the plastic wheel trim, and possibly on to the rear corner.

No-one was hurt. No broken glass, no bits of car left on the road, no skidmarks.

The other driver had some work colleagues close by who went to great pains to check the WoF, rego, tyre condition and similar of the car I was driving. (The other car appeared Wof'd and rego'd.) I couldn't say if the other people saw the incident or not but I doubt it as the other car would have blocked their view.We exchanged details and went on our way.

Now the interesting bit. I was in a garage loan car, which I returned yesterday evening with details of what had happened. The garage owner is away from very early this morning until Monday. He has received a message from the driver of the other car: "Contact my husband [phone number provided]. I have witnesses saying you came around the corner with speed. My insurance company may be in touch with you for damage to my vehicle."

I think it is pretty cut and dried, and have pictures of damage to both cars (very minor) and the road scene after the accident. I'm just astonished that someone who turned across my path, caused the damage to her car, herself, is now suggesting she may try to make a claim.

Oh well. It's been a pretty crappy start to 2016. Why should yesterday be any different?

Question - should I contact the other driver's husband, leave it for the owner of the loan car I was driving, or just wait for insurance to do their thing?

[qube 3570]

if it was me i would contact my insurance company, also involve the police with details of your side of the story and any evidence to support this.

Definitely act now and do what you can. Also i wouldnt bother contacting the husband, they obviously are going to try twist the story - no point talking to them.

Also as a general rule of thumb in ALL accidents, I do the following:

- take photo of damage to both cars

- take photo of numberplate of other vehicle and rego sticker

- get a copy of the drivers drivers license

- and importantly i get the driver to admit that it was their fault (if it was their fault) while recording a video on my phone. If they dont want to then I will call the police immediately and make sure that they dont drive off and get a full police report done. Alternatively if ambulance show up then they can also write up a simple accident report too.

[MD13 494]

^ Sounds like you do this a bit...

[gjm 3258]

I've been doing some digging to try and find what I need to do. From the Police website:

"After a non-injury crash you should swap names and addresses with other motorists involved. If the crash involved another person's property, such as a fence, you should report it to the owner of the property within 48 hours of the crash. If the owner cannot be located report to police within 60 hours of the crash.

All crashes resulting in injury (such as broken bones or a night in hospital) should be reported to local police as soon as is practicable and no later than 24 hours from the time of the crash."

Based on this I doubt the police will be interested, but I'll contact them anyway, if only to protect myself. Get in first, that sort of thing.

The insurance company bit is more tricky. My insurance wouldn't cover me in a loan car, and the garage owner is away so I can't easily find out anything about his insurance!

[M3AN 4016]

If I understand you correctly you were stationary at the time of impact?

If so then she hit you... the speed you were travelling before coming to a complete halt seems irrelevant to me. And I'd just stick to that very simple logic, I wouldn't even engage in a discussion on speed "I was stationary" period.

Don't contact the husband, talk to the owner of the car you were driving as soon as you can and tell his insurance company that you were hit whilst stationary. Let them sort it out.

Sorry to hear this and good luck.

Edited because apparently my shift key wasn't working too well...

Edited January 7, 2016 by M3AN

[gjm 3258]

If i understand you correctly you were stationary at the time of impact?

Yup.

Don't contact the husband, talk to the owner of the car you were driving as soon as you can and tell his insurance company that you were hit whilst stationary. let them sourt it out.

Sorry to hear this and good luck.

Thanks.

[qube 3570]

keep us updated on how it goes.

i dont think anything bad will come out of it, just a bit of an annoyance if anything

[gjm 3258]

keep us updated on how it goes.

i dont think anything bad will come out of it, just a bit of an annoyance if anything

Aye. Just a different kinda sh*t for a different day.

[Olaf 3317]

yes - clarity. you were stationary at the point that the other car continued it's turn, and hit you. You were clearly travelling slowly enough to stop - which police or loss adjusters will view positively. the other car hit you while you were stationary.

you've done what you need to do. Do not call the husband. It's up to insurance companies to sort out. The garage whose loan car you were driving will be accustomed to this kind of thing; you've been clear with them. Contact him when he's back. If contacted directly by the husband or the driver of the other car, just say it's with the owner of the vehicle and has been referred to the insurance company and request they not contact you again.

Chin up Graham, nobody was injured, just a little paint traded. A minor inconvenience for all concerned. Embrace 2016! #8 )

[gjm 3258]

Chin up Graham, nobody was injured, just a little paint traded. A minor inconvenience for all concerned. Embrace 2016! #8 )

Thanks.

[Olaf 3317]

Also as a general rule of thumb in ALL accidents, I do the following:

- take photo of damage to both cars

- take photo of numberplate of other vehicle and rego sticker

- get a copy of the drivers drivers license

- and importantly i get the driver to admit that it was their fault (if it was their fault) while recording a video on my phone. If they dont want to then I will call the police immediately and make sure that they dont drive off and get a full police report done. Alternatively if ambulance show up then they can also write up a simple accident report too.

you'd be sh*t out of luck with most people. All insurers advise policy holders not to admit liability. The key thing at the scene of an accident is to remain calm. Were you up in my grille demanding admissions of liability on a video recording, you'd find you'd strangely dropped your phone... and somehow it was stood on. Making rash demands and calling police to an accident where damage report to a police station is all that is required, once details are exchanged, just makes you look like a prick. Once the services arrive, you're on the back foot for behaving like one.

[gjm 3258]

you'd be sh*t out of luck with most people. All insurers advise policy holders not to admit liability. The key thing at the scene of an accident is to remain calm. Were you up in my grille demanding admissions of liability on a video recording, you'd find you'd strangely dropped your phone... and somehow it was stood on. Making rash demands and calling police to an accident where damage report to a police station is all that is required, once details are exchanged, just makes you look like a prick. Once the services arrive, you're on the back foot for behaving like one.

We were both calm - the colleagues were more aggressive than me or the other driver.

From the police website, and from a phone call to them, the police are not in the least bit interested. No criminal damage, no damage to property, no injury, no aggression - no interest.

[NZ BMW 368]

Let the insurance companies fight it. They don't want to pay so will put up a fight.

For what it's worth a few years ago now I hit a loan car from a body shop, so I was in the position of the other party in your example. The owner of the shop called me to confirm my details and then our two insurance companies worked it out. The guy driving the car didn't have to do anything.

Edited January 7, 2016 by NZ BMW

[westy 614]

Cant see how being stationary is relevant? She turned into your path. Seems simple to me? If you were doing the speed limit (50?) it would still be her fault.

[M3AN 4016]

Cant see how being stationary is relevant? She turned into your path. Seems simple to me? If you were doming the speed limit (50?) it would still be her fault.

It may not matter but it makes for a much simpler explanation (in my simple mind) and may make any witness statements about speed irrelevant. That's the way I was thinking anyway.

Really she has to prove that she checked and the roadway was clear and the only reason the collision occurred was because Graham approached (from around the corner, previously unseen) too fast. That he was stationary makes that a little more difficult I would think.

Again, not expert advice!

Edited January 7, 2016 by M3AN

[zero 1162]

It may not matter but it makes for a much simpler explanation (in my simple mind) and may make any witness statements about speed irrelevant. That's the way I was thinking anyway.

Really she has to prove that she checked and the roadway was clear and the only reason the collision occurred was because Graham approached (from around the corner, previously unseen) too fast. That he was stationary makes that a little more difficult I would think.

Again, not expert advice!

Agree, and it sounds like the lady chose a dumb place to do a u turn.

She should have driven further away from the intersection before doing a u turn.

[qube 3570]

you'd be sh*t out of luck with most people. All insurers advise policy holders not to admit liability. The key thing at the scene of an accident is to remain calm. Were you up in my grille demanding admissions of liability on a video recording, you'd find you'd strangely dropped your phone... and somehow it was stood on. Making rash demands and calling police to an accident where damage report to a police station is all that is required, once details are exchanged, just makes you look like a prick. Once the services arrive, you're on the back foot for behaving like one.

Its easy enough to say that in a hypothetical sense but when you have people running from the scene or making up lies to the police, you may change your mind on what to do the next time around. Also, you would be surprised how many people deny liability when its blatantly obvious that its their fault. Also by being a 'minority' (asian) we get bullied by those who think they can strong-arm us into letting them go. My mother has been abused with a bombardment of words when it wasnt even her fault and since english is her second language she was too scared to say anything in response. Ever since this happened my attitudes on the matter have changed..

Anyway each to their own mate not telling you how to live your life or anything.

[hotwire 352]

Graeme, the damage to the cars (pics you have) should make it blatantly obvious as to how the accident occured.

If you were still moving when contact occured - your car would have emplanted somewhat into her vehicle, rather than a scrape along the side her car as you describe.

I had a similar situation happen a couple of years back in my work ute. In drizzling weather in winter at dusk, while driving through town, a guy with a tandem trailer on pulled out of a parallel park. I would have been doing less than 50kph, closer to 40, I jumped on everything, locked up & veered towards the middle of the road & coming to a stop overlapping the trailer. With me thinking we had missed - he continued the manouvre and the trailer corner caught the front edge of the passenger door & along the guard & hooking the front bumper, I chased about him about 10kms trying get his attention. Gave uop & 555 him.

Following a phone discussion weeks later with Police, oficer played it down, suggesting the driver was unaware (yea right!) of the incident, He was elderly, & if I met him, I would sympathize. I replied that as long as it didn;t affect our policy - I didn't care. He suggested it wouldn't.

Guess what - it did. I then challenged it & proceeded a claim against him. He then accused me of having been speeding. ARGGGGGH

Hearing was due mid last year. He came into work a week before trying to get us to drop it - NUP - too late mate!. Then, a day before the hearing - he accepted liability.

All I was wanting in the first place. Both parties were insured, I was just staunch that I was NOT responsible!

Good luck Graeme

[gjm 3258]

I had a similar situation happen a couple of years back in my work ute.

Yup - pretty much an identical situation. Pic of her car, and a pic of the only mark incurred on the Mercedes attached.

If she'd stopped as soon as contact was made, it would have been so much better!

[M3AN 4016]

Oh, you were in a Mercedes?

Totally your fault! Douchbag.

[MLM 57]

Hope you work it out, I think you will be fine just a unwelcome hassle

Not sure it it applies to your situation but parking within 6m of an intersection in not allowed in the road code. A few caveats to it can be found here. https://www.nzta.govt.nz/resources/roadcode/about-driving/where-not-to-park/

[hotwire 352]

Yep, obviously you were stationary & she drove across you. You have nothing to worry about. Notify (as you oviously will) the Merc owner, keep the pics, & let insurance companies argue it out.

[gjm 3258]

Oh, you were in a Mercedes?

Totally your fault! Douchbag.

Hope you work it out, I think you will be fine just a unwelcome hassle

Not sure it it applies to your situation but parking within 6m of an intersection in not allowed in the road code. A few caveats to it can be found here. https://www.nzta.govt.nz/resources/roadcode/about-driving/where-not-to-park/

She was close to the junction, but may not have been that close. Academic really... I couldn't prove now or then where she was parked. Regardless, and as Nathan said, I feel she should have pulled further down the street rather than u-turn that close to a junction.

It's just so bizarre. When pulling away from the kerb I think she was looking where she was going, not looking for traffic approaching from behind (although she may well have done that already.) I stopped, saw her look at me, felt contact, and she just. Kept. Going!

Thanks for your kind words, Grant.

[zero 1162]

From the pics it is clearly her fault.

Don't let it ruin your day.

[gjm 3258]

I think their case will depend entirely on the 'speed' I came around the corner. I wasn't speeding, but as no-one measured this, and no-one present could have seen the contact between the cars, that's a flimsy start at best.