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Thread: After an accident, no right to ask questions by law ?

  1. #1
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    Default After an accident, no right to ask questions by law ?

    Hi guys,
    First post on this new forum.
    What would u do, if it happened to u
    Here is my story ............


    I was in the lefthand lane. I checked my mirrors, indicated and went to move to the right hand lane as I had plenty of room to merge.

    I was approximately 70% into the right hand lane. I heard and felt a slight collision hit at the back of my car.
    I slowed down on the right lane and indicated and moved back to the left hand lane.

    I slowed down, put on my hazard lights.
    I was preparing to stop on the left lane. Expecting the person who hit me to be stopping as well.

    To my utter astonishment, she overtook me and sped off.

    I was shocked.

    I had no idea what to do. I tried to follow her and get her registration number to call the police. Then followed her. All this happened in a matter of moments.

    She was speeding. It all seemed unreal. Possibly at 80km by this time.

    I tried flashing her with my high beam.

    Approximately 1000m along Middleborough Road she turned left at the warehouse’s parking. I had no idea what she was doing.

    She quickly did an Uturn in front of me in the parking space and stopped the car.

    When she got out of the car the only words she said (angrily) was “Go to the police”.

    She was a few seconds ahead of me. I felt very confused. I went into the Police Station and found her and a Police Officer (short blonde hair, medium height and build approximately 35years of age, I have no idea of his name) engaged in discussion.

    She was loudly saying I was at fault, jumping into her right hand lane. She had plenty of time to explain her side of the accident. I waited believing that I would then have time to speak.

    Once she had finished speaking….

    I said “She hit me and ran off.

    
    The Police Officer said “Her intention was to come to the Police Station.” I was not sure that was her original intention and wondered how the Police officer would really know this.

    The Police Officer said to me “that it did not matter”, I think he was referring to her leaving the scene of the accident as her intention was to go to the Police Station.

    I asked for her insurance details and her phone number, I was expecting to view her license detail and get her registration number myself.

    The Police Officer stopped me there and said “by law you are not entitled to be given a person’s insurance detail or phone number.

    I was confused as I understood this to be incorrect.

    All this happened, as I said previously, very quickly.

    I asked again if I could have her insurance details and her phone number.

    The Police Officer asked me if I spoke English. (Was he referring to the fact that I had just been told by him that I could not have this information or that my English was poor?)

    I asked “what happens if I (or for that matter, she) needs to contact the other person. If they do not have comprehensive insurance?”

    The Police Officer said “that’s why I should have comprehensive insurance and that I should go to a solicitor and sue.”

    She and I asked for paper and pen. We wrote down our details. She spoke to the Police Officer requesting my details be confirmed from my license.

    I gave the Police Officer my license and he checked the details.

    As she was in the Police Station seconds before myself, I do not believe her details were checked.

    I was given the piece of paper with her details.

    She left without speaking to me. I had no time to check details or record her registration number for myself.

    I asked the Police Officer again as I felt confused, “why couldn’t I have contact phone number or insurance details.

    The Police Officer put his hand up as he turned away from me and said, “I don’t want to talk to you any more.

    He then closed the door.

    I had no recourse other than to leave.

    .................................................. ........................................

    I HAD A BAD DAY

  2. #2
    Veteran blair's Avatar
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    "you got served"

  3. #3
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    Much damage?

    What kind of lady was it? Like what was she driving? Dirty person? How old was the cop?

    What state are you in?

    That's way shit.

    marvis.

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    Veteran Clinton's Avatar
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    take it to court. pretty much the only way you could work it out.

    FTP.
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  5. #5
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    By law all that you are required to give is your address, so that the other party involved can contact in writing. Insurance details are only need if you decide to make a claim against or for the other party involved, assuming you have full comp insurance.

  6. #6
    Senior Member gaz20v's Avatar
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    the whole thing sounds sus as!! have you checked to see if her contact details you ended up getting are correct?? i suggest perhaps talking the whole event through with another police officer from another station?? see if what he has done is or isnt correct??

  7. #7
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    what state are u in man? That cop is so dodgey man, i would be pissed as hell. Take the b*tch to court

  8. #8
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    A lady in her 40-50 maybe. She drives a Toyota Hi-Ace.
    In VIC.

    The problem was...
    First the lady did not pull over after the collision.
    second, a rude cop without common sense

    The hit happened after 2 seconds I' changing lane ....... should have plenty of space and time , no idea whether she did that by purpose.

    I'm waiting for her insurance company to write me a letter. Mostly she has a comprehensive insurance and she made a claim already. I called up RACV, as I have 3rd party. Her rego not in their database though

    Scratches on my rear panel near the back wheel. I did not have chance to see her car's damage.


    ....................... see what happen. Too many racers on the road

  9. #9
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    That's right. It seems reasonable, but why I did not have the right to ask which insurance she has ?
    And by law, telephone is personal detail. What about the address ? Wouldnt be personal too ? Someone could knock my door at midnight, saying it was all my fault or something. ... silly silly ....

    At the end, her insurance would say all my fault ... bah bah bah . Does it mean my rear panel hit her front bumper ?? Was I drifting with my FF car? Or If it had no room to change lane, I would have hit her car when i did that. That happened ..... 2 seconds later.(How could I prove that ? I got no chance to find witness around, as she ran off 1000 metres)

    The worst, I will end up to pay $500 access fee to my insurance.
    If I bring to the court, sounds cool ...... but not considerable worth it.


    ummmm .....

  10. #10
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    You are right about the address and phone details. However writing is considered more "official" and "formal" that a phone call as you can keep records etc etc.

    As per your story above...you were 70% in the line.. Any insurance company will say that as you weren't in the lane completely you are at fault, although it was clear at the time you began to merge. However if your 100% in the lane then your in the clear. The same thing happened to me well atleast that i was mostly in a lane and a car nudged the rear of me..because i wasnt completely in it, i was deemed as to blaim.

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