My first accident :( Opinions?

[chylld]

Ok emotions are running a bit high (shaking as I type this) so I'm not going to try to judge the situation just yet. So I'll just spill the facts.

Accident happened this morning 8:50am heading Northbound here.

I was in the right lane overtaking an old lady driving a Hyundai Getz. As I came up alongside her I noticed she was merging into my lane so I had to cross the double lines to avoid her and when I came back onto my side of the road (to avoid oncoming traffic) my left rear contacted her front right. We pulled over and exchanged details.

Her car: (scratches and some panel deformity)


My car: (just scratches, but wheel is scratched too)

[Taymaishu]

If she crossed the merge line, she is in the wrong.

The thing to remember is that if there's no line at a merge, the car in front is in the right.

If there IS a line at a merge, the person crossing the line MUST keep clear.

So, in your claim forget the first 50%. You tell the insurers what happened: she merged into your lane, force you across double white lines and hit your car.

The damage sorts itself out - the assessor will see the damage and location of the incident and hold her liable.

Glad to hear you're ok. First accident ever? It's a bit of a shock.

[MrBlonde]

Importantly: Don't sweat it. You're OK the lady is OK and it's just some car damage which can be repaired like new. It won't be the last time you have to get a car repaired for one reason or another.

[chylld]

Thanks guys, calmed down a bit now and after stepping back can see that it really is just a minor accident.

Can also see that from an insurance point of view, she is clearly more at fault. I was overtaking, she merged into me, forced me onto the other side of the road and I came back and clipped her. Front of her car clipped the rear of my car; I was in the lane first and I was in front at the point of impact. Hopefully should be relatively painless and would be nice to have an unscratched alloy again!

Now if only I can find the insurance docs...

[chylld]

Originally Posted by Taymaishu

First accident ever? It's a bit of a shock.

Also the first time I read this, I interpreted it as "no way this is your first accident, you drive like a madman"

[Guran]

Jeez, you had me worried there for a minute. At first glance, I thought you were showing us the damage to your new Hyundai!

[Taymaishu]

You'll get a new wheel if my latest experience is anything to go by!

And they're not cheap - the 207M 17" for me was $883!!

[chylld]

Originally Posted by Taymaishu

You'll get a new wheel if my latest experience is anything to go by!

And they're not cheap - the 207M 17" for me was $883!!

Wonder how much for a 261M 18" then!!

I'll probably also need an alignment check.. although the car seemed to handle perfectly fine afterwards.

Interestingly, after we exchanged details, I went to drive off, started the engine, put the car in drive, handbrake off, pressed the accelerator... nothing. For a good 3-5 seconds the engine just didn't go! Thought I stalled it or something, but then it fixed itself and got on its way

[Taymaishu]

There's a set on ebay for $700 up in Queensland

If she even touched your wheel (which looks like she did and grinded it well) you will need an alignment. Take her to Jax at Mona Vale - the owner has a 125i and LOVES chatting about them Had a complete alignment done this morning for $66 with full printout. Needless to say my thrust direction was completely fucked, but all fixed now.

Took them 15 minutes.

[chylld]

Just read your thread about Jax mona vale... looks like I'll be making a journey up there pretty soon!

[Taymaishu]

Originally Posted by chylld

Just read your thread about Jax mona vale... looks like I'll be making a journey up there pretty soon!

They're awesome. Really, had a lovely chat with them today Really enjoyed having the car done by fellow 125i owners and people who have an Add1ction.

Tell them Alex the guy who owns the white 125i sent you, sure you'll get a great deal (like $66 full alignment with printout, i was shocked!)

[Jeef Beef]

Sounds to me she's at fault. Did you blast your horn? That's always better than swerving onto the opposing lane. Glad no one was injured though

There might be one way she can dispute this - she might say that you were the one that merged into her lane. Just make sure you are consistent and adamant on your version of events - call up your insurance company and fax them a hand drawn diagram of the accident. Unless she's a real bitch, I don't think she'll actually try this route.

Also, DON'T pay any excess of any sort to your insurance until they have sorted out the fault issue.

[BBK]

First of all, glad you're ok!

I'm not so sure about this though? If you came from the opposite lane and you bumped her, then technically you would be in the wrong? She didn't actually hit you. You would have to tell them that you were there first and that she forced you onto the other lane. Can't just say that you were driving as per normal and she merged into you.

[Jeef Beef]

Originally Posted by BBK

First of all, glad you're ok!

I'm not so sure about this though? If you came from the opposite lane and you bumped her, then technically you would be in the wrong? She didn't actually hit you. You would have to tell them that you were there first and that she forced you onto the other lane. Can't just say that you were driving as per normal and she merged into you.

+1

You need to tell them that it was a reflex action to dodge into the opposing lane, but then you realised there was traffic and came back into yours. That's when the contact occurred.

You are in a slightly difficult position because of this, but tell them everything clearly and it should sort itself out.

[Taymaishu]

Originally Posted by Jeef Beef

+1

You need to tell them that it was a reflex action to dodge into the opposing lane, but then you realised there was traffic and came back into yours. That's when the contact occurred.

You are in a slightly difficult position because of this, but tell them everything clearly and it should sort itself out.

No need to.

The incident was she merged into your lane and contact occurred. No need to put in irrelevant facts/items. She simply merged into the lane you were in and made contact with your car. Done.

[chylld]

Diagram is probably best to sort things out...



The only facts that I know for sure:
1) I was in the right lane first
2) She started merging into the right lane just as I was coming up alongside her

[chylld]

Originally Posted by Jeef Beef

Sounds to me she's at fault. Did you blast your horn? That's always better than swerving onto the opposing lane. Glad no one was injured though

...

Also, DON'T pay any excess of any sort to your insurance until they have sorted out the fault issue.

Didn't have time to blast my horn... it all happened ridiculously quickly. All of a sudden my lane gets very very narrow, a car is almost touching me on my left, I'm on the wrong side of the road, I have to get back onto the right side of the road, *thonk*.

Definitely won't be paying excess until it's 100% determined to be my fault. I'm just going to present the facts and not blame anyone... insurance company can sort this one out.

[Jeef Beef]

Originally Posted by Taymaishu

No need to.

The incident was she merged into your lane and contact occurred. No need to put in irrelevant facts/items. She simply merged into the lane you were in and made contact with your car. Done.

Problem is she could tell the same story - judging from the photos it's impossible to discern whether Jono turned into her car or she turned into his. Realistically he did indeed turn back into 'her' lane from the double white lines (although she is completely at fault for that part) but she might leave that detail out too.

If she really wants to push it, then she can even say that she was driving in her lane until Jono merged into her. This is probably unlikely, but who knows with the people these days.

I agree with you though Alex, Jono just tell them the simple version first - she merged and you made contact. However, write your facts down, draw a picture so it remains consistent every time you tell the events. It's likely this will enter into a dispute about who's at fault, and your insurance company will call for the full details of the accident.

EDIT: actually, when you make an insurance claim of this nature, they will ask for a full outline of what happened. From what I recall, they send out a written form for you to fill in and possibly add a diagram. I don't think 'she merged and we made contact' will cut it. They will want to know where the contact occurred (from what I can tell from the details it was when she was halfway into your lane and you were returning from the opposing lane). You really can't say that you were just driving along and she banged into your rear.

[MrBlonde]

Because she damaged your rear with her front you were demonstrably in front of her.

[chylld]

Just called NRMA and laid out the incident as best I could. At first I was told "you're at fault because you merged into her lane" but then after repeatedly explaining that I was forced out of my lane in the first place, she has now upgraded my status to "liability unclear". Woop.

Going to take the car in for inspection Saturday morning.

Found out I have a hire car option on my policy! But probably won't take it as 1) I live in a very bus-rich suburb and 2) The hire car would probably ironically be a Hyundai Getz.

[Jeef Beef]

Originally Posted by chylld

Just called NRMA and laid out the incident as best I could. At first I was told "you're at fault because you merged into her lane" but then after repeatedly explaining that I was forced out of my lane in the first place, she has now upgraded my status to "liability unclear". Woop.

Yep and there it is. That was what I meant before about your 'slightly difficult position'. Don't worry, demand that they send you a form to fill out so you can attach your diagram.

It should be very clear from that what happened.

[chylld]

Originally Posted by Jeef Beef

Yep and there it is. That was what I meant before about your 'slightly difficult position'. Don't worry, demand that they send you a form to fill out so you can attach your diagram.

It should be very clear from that what happened.

Well the incident summary that was recorded was pretty clear: I was in the right lane overtaking the Getz, Getz merges into me, I moved right to avoid contact, then move back to avoid oncoming traffic, then contact. I think it was recorded better than that but I'm pretty happy with it.

Even if the Getz driver kicks up a huge fuss, it'll probably come down to damage assessment, and as MrBlonde points out it's clear as day who was in front at the time of contact, so should all be sweet.