Right after a car accident, you may be dazed and confused, like the other person. It’s hard to figure out what you need to do, but it’s these moments that are crucial for what happens later on, including making a successful third party claim.
Don’t let a car accident end up costing you, especially a car accident that was not your fault.
Admitting fault after a car accident in Victoria
It’s usually unwise to admit fault at the scene of any accident, despite the sometimes very strong urge to do so. This urge can be especially strong if you were clearly in the wrong and are genuinely very sorry.
If the other person does admit fault, get it in writing, or record the admission, or get a witness to hear it, because this will be important for later on when an investigator is determining fault. Read more about when the other person admits fault at the scene, but then denies it later because there were no witnesses.
If the other person is really angry, it can make it difficult to communicate with them and they may make it difficult to deny fault. Just let them be angry, and get the details you need, even if the experience is incredibly uncomfortable for you. There is no reason or requirement for anyone to admit fault at the scene of an accident, but should the other person do so, take advantage of this.
If the police arrive at the scene, again, you do not have to admit fault to the police officer – just explain what happened, and allow the other person to do the same.
Offering to keep the accident off the record and negotiate with the other driver – be cautious
When it comes to the crunch, many people will not honour a roadside deal. This is because it is an admission of fault on their part and if you decide to take it further, this puts them in the hot seat. They may go home and talk to a family member or friend, who may advise them to deny everything and try to avoid paying or admitting liability.
Accidents can often turn out to be worse than they appear, with structural damage to cars that can easily rack up a big bill. If this is the case, then the other person is not going to want to pay, and then it becomes tricky. You will have to weigh up whether to involve lawyers to run it past them.
An example is Karen, in her pyjamas still, dropping her sister off at her early morning cafe job. An early morning jogger is out with his dog, who is not on a leash. There is almost no traffic around because it’s so early, however the very stocky pitbull terrier ends up running in front of the car.
The dog in this case appeared to be unscathed, and the car seemed to have just the piece of metal underneath the front bumper bent. The jogger was very apologetic and said to call him with a quote for repairs, which only seemed fair, since it was his dog that ran out on the road.
It turned out that repairs were going to cost at least $850. The jogger wasn’t so keen on paying then, expressing incredulity that it could possibly cost that much. The piece of metal stayed bent forever. Nobody wanted to fork out the money to get something that nobody could see and didn’t matter fixed. But, this devalues the car.
Get all the proper details at the scene – take your time
Don’t let the other person say they will provide details later on – get all the details at the scene. The other person may say they are in a hurry or want to get out of there quickly, but that should be a warning sign to make sure you record their details accurately. Get a copy of their driver’s licence too.
Don’t forget to always be courteous and thorough! It’ll make all the difference later on.
If you are having issues with an at fault driver’s insurance company or the at-fault driver, contact Third Party Claims for advice regarding your case.