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Got a question regarding vehicle insurance,

This may be a simple question, and hoping there is a simple answer.

When there is a motor vehicle accident that involves a 3rd party, and both parties are claiming proclaim that they weren't at fault :sus::spoton: , outcource to a crash investigator to interview all who were involved and act accordingly to his/her findings?

Regards,

Darren

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Depends on the situation of the crash...

If you were hit from behind then it's there fault no matter what.

Other situations can offer some tricky circumstances.

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A crash investigator (Police) will only be used for serious crashes, most of the time it's either the local constable who attended (if they did) or the insurance companies will rely on your statements.

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In Qld the cops don't attend unless there is serious injury or public property damage - it's up to the insurance companies to battle out who they think is at fault or what portion of “fault” goes to each party.

If you then have any issues you take it to the ombudsman.

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And in NSW they dont attend, unless:

Someone killed or injured

Any of the drivers effected by drugs or alcohol

Any of the parites fail to stop and exchange details

Any of the vehilce towed from the scene

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A couple of times I was lucky to get names and contact details of witnessess. Proved to be valuable when disputed, I had written statements.

Another time hit up the rear by the car behind who was hit up the rear pushed into me. We did the right things exchanged names etc, and no one was injured.

The next day I was told to report to the Police station to make a statement. First question was, why did you leave the scene of the accident before the Police arrived? Two weeks later I was in Court, innocent.

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  XR6NA said:
I thought the police need to be told if there is an estimated damage of more than $2500

Not in NSW.

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  ColinT said:
A couple of times I was lucky to get names and contact details of witnessess.  Proved to be valuable when disputed, I had written statements.

Another time hit up the rear by the car behind who was hit up the rear pushed into me.  We did the right things exchanged names etc, and no one was injured. 

The next day I was told to report to the Police station to make a statement.  First question was,  why did you leave the scene of the accident before the Police arrived?  Two weeks later I was in Court, innocent.

Your only obloigation after an accident under the Australian road rules is to stop and exchange details and render assistance to other drivers (Just calling for help cover this). How you recieved a court attendance notice is beyond me.

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You need to be carefull with that one. I came a croppa off my old road trail bike whilst leaving an industrial estate where a truck had spilt some gravel down the road round the corner. Any ways accoring to the back of my license at the time it pretty much stated unless there was a certain amount of damage or 3rd party person injured I did not have to report it. However although I was unable to kick start the bike as my knee was grazzed badly and gravel imbedded I had to leave the bike and sat down for bout 10min till a taxi came by. Whent to hospital to get the gravel out and they logded it with the police. A couple of weeks later I was facing court for neg driving/riding and failing to stop after an accident. WHAT THE f*ck was basically all I could say, the prosecutor bought out a book the size of 2 phone books and stated the info on the license is cut down version and rule this and paragraph that states etc etc etc. and I lost.

So even though no one else was hurt and I coulnt leave the scene as such, I still got f*cked over so dont take the rules from word of mouth or from a 2 line explanation, have a solicitior look up the BIG FAT C&^% of a book.

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