My boyfriend had a car accident yesterday. The car is my car. i dont believe my boyfriend should be held responsible. I have no car insurance. What happens if i dont agree to pay the damages? since i dont agree thats its our fault. I am located in Sydney,Australia. What is the law concerning that in Australia? Can i get a fair go if we go to court? the other driver has already made a claim with her insurance company. Is there any where i can go to to make a complaint about this law? i think it is so unfair that the law is, if you rear end another vechile you are at fault. most of the time its the front driver who caused the accident by breaking hard and giving no warning. the law is that we have to leave at least 2 meter gap when driving. With the legal speed right now being 60km - 70km, and 110km on a freeway. It is impossible to break fast enough even if you were at a 4 meter gap, let alone 2 meter! how can we get the law to be changed? what can they do to me if i dont pay?
2007-07-27 22:06:59 · 5 answers · asked by lilmiss_asian_barbie 1 in Cars & Transportation ➔ Insurance & Registration
i did ask the lady driver to not make a claim with her insurance company, instead i personaly take her to a australian, qualified, licensed mechanic/ smash repair and get her car fix and i pay for it. its just so i dont have to pay for the access fee. but she refused it so i have no way but to pay her when her insurance calls me.
2007-07-27 22:30:59 · update #1
If a vehicle has no insurance coverage, it should be parked, not driven until there is coverage. If you allowed someone to drive YOUR uninsured vehicle, you are responsible for everything and anything that happens as a result of that decision, whether or not you think "it's fair". Be prepared to pay, or be prepared to be sued for damages. It's also "brake" not "break" and the driver is responsible to stay far enough behind other vehicles so as not to run into them under any circumstances. I suppose he was also ticketed for following too close?
2007-07-28 03:03:08 · answer #1 · answered by oklatom 7 · 1⤊ 0⤋
I can only give you an American perspective so here goes: you have NO say so as to where the other party has repairs done or if she should report the claim to her company and file a claim. Not all rear end accidents are the fault of the rear vehicle though it is in 99% of ALL losses. Don't give me any crap about being impossible to stop on the freeway -- it's YOUR responsibilty to give yourself enough room to anticipate trouble at all times. You have every right to contest the claim and it will most likely land you in court to face the judge. Be warned: insurers have dozens of lawyers ready and waiting for people like you and your chances of winning this case based on the grounds that the 'law' should be changed is ZERO. You will be ordered to pay ALL the damages and court costs to the insurance company and trust me, they don't CARE if you don't have the money. Your wages will be attached and your property will be seized and sold to cover the expense.
Damn, I'll bet you're thinking insurance would have been a LOT less expensive that this, eh?
2007-07-28 14:42:01 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In the States, it's called "Failure to maintain assured clear distance". This means that you are "assured" that you can stop or avoid an accident at the speed you are traveling. Here, you could be sued. Most States require a vehicle to be insured. Doubtful you will win in court.
2007-07-28 11:22:01 · answer #3 · answered by sensible_man 7 · 1⤊ 0⤋
I really don't know about Australia. But here in the states you can lose your license if you don't pay.
I agree, 2 meters is rather close when driving at these speeds. Here, it is 1 car length per 10 mph. (16 km)
2007-07-28 06:32:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You need to turn the claim in to your insurance company. Your boyfriend needs a lawyer.
2007-07-28 05:12:00 · answer #5 · answered by Keith 6 · 0⤊ 2⤋