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Discussion Starter #1
Hi guys

i just had a hard accident on my car which ripped my car off :doh: ,it was not my fault i was driving on the highway 105km and the way was wet anywayz a car turned on my way and cos i was in rush i took the left lane while i'm turning to the left lane i felt a loose of control the whole car is turning more and more i can't control it u no its rear wheel drive which i think its hard to control under 105km ,the TC isn't workin holy **** i was between 2 options at that moment its either i crash the cars or the iron fence at the right side so i choosed the fence i was afraid if i hit a car with children or something like that.the car starts slipping and slipping around it was really a bad experience which i wish every1 will be away of its really horrible and after a while i looked at my car, smoke coming out the car oil every where :headshake: i thanked god for being alive and nothing happened to me and my friend,the police came and wrote in the police condition the accident happened cos of the weather.

the car was smashed from 3 sides , ONLY THE PASSENGER AIRBAG CAME OUT and i think its the RACQ APPROVED SMASH REPAIRER fault ,i had an accident b4 and the air bag came out it took them almost 3 months to fix it , after taking my car the seat heaters and some of the interior lights wasn't working , i took my car to them again and they can't fix it ,they told me take it to the nissan dealer he may fix it i think it was not my duty , i gave them my car for along time accepting my car to be all done.

2 day ago i had an interview with the RACQ they told me the 19 inch rims caused they lose of control and i have to belive that its my fault.

what do u think guyz and what do i have to do?

i just turned 19 y.o i come from DUBAI and i'm a student in brisbane i donot know about anything in law what do u guyz reccomend me 2 do plz i need yr help :)
 

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I'm going to preface my post by saying that if you want legal advice, don't take what you read on the Internet to be the truth. Get advice from a lawyer, not some random person off the Internet.

We can speculate, and tell you what we know based on our own experiences, but none of us are qualified to give you a definitive answer you could stand in front of a judge and provide (unless there are lawyers among us willing to offer a professional opinion).


That said:

:rolleyes:

Did they explain to you how your 19" rims caused the accident with concepts that didn't stink of absolute bullshit? You'd think that if they were trying to worm their way out of paying your insurance, they'd come up with something creative and plausible.

Unless your rims were some ****-cheap pieces of mild steel that just deformed, how the **** could they cause you to lose control like that?

At any rate, you could be in trouble getting a payout. If the cops have put the cause as the weather, then you were driving too fast for the conditions and thus speeding at the time. Hence, there's a strong likelihood that the insurance company can refuse to pay you out due to your negligent driving.


If your car was not repaired satisfactorily the last time, then you should have really taken it up with the repairer or RACQ. They can't fob off their inability to repair your vehicle. If they say they can't do it and stick to that story, report them to the RACQ and have their approval revoked. It also means the RACQ will have to find someone else to finish the repairs.

Never accept a car that's not 100% the way it should be, because if you don't make it known then they'll assume its all fixed and should the incompetent repairs cause issues down the line you've got little recourse in saying that those repairs are at fault.

One of my mates pranged his S15 a year ago, and its still not fully fixed yet. He gets it back, and finds something else wrong with it within a fortnight or two and reports it to the insurance company, who has to get it fixed again. But since he's reported it, should the part fail and cause him to have an accident there's a record and he can blame the repairer for doing a shithouse job on his car and litigate there.
 

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I suggest that you go into the Queensland Transport website which sets out the rules governing replacement wheels.

I run 19" wheels that conform with these requirements including wheel diameter, tyre size, offset etc and would be very confident of arguing my case that my car is legal. However, if you didn't notify your insurer that you have modified the car by changing the rims you may be on thin ice. As Scathing says, I'd be getting a solicitor involved.

cheers
coatsie
 

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Discussion Starter #4
thanx guyz

i had a volk racing wheels and dunloop tyres which cost me around 2500 just for the tyres and everything was brand new.

i havn't told u that i have a lawyer in the case ,the lawyer at first was very intersted and told me that we can sue them easily but now i think something happened under the table between the lawyer and the insurance.

i was arguing with the insurance that the wider the wheel the more control and stability the car have , my lawyer havn't said anything ,its like there is no use of him.

he havn't mention the airbags and the TC problem too :(
 

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Did you disclose to the insurance company when you fitted the 19" rims?

Without full disclosure most policies are easily withdrawn and not honored by insurance companies. Still there maybe an avenue with a good lawyer using the Transport laws of your state.

Good Luck.
 

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I hate to tell you this dude, but in the wet a wider tyre decreases the car's handling. Especially if you've lowered the air pressure in the tyre to increase your contact patch.

But, regardless, the wider track means you're more likely to tramline and aquaplane.

As for your lawyer, consider getting a second opinion if you don't think he's maintaining his professional obligations to you. Its not worth litigating against him unless you've pretty much got proof (and most lawyers would be too smart to leave that easily accessible) so just find someone else.
 

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Correct me if I'm wrong here but as I understand it RACQ have not declined your claim they've simply said you are "at fault" and will therefore have to pay your excess and lose your NCB.

Looking at your accident description it appears that a car changed lanes in front of you, you then swapped lanes (no contact with other vehicle) and lost control of your car???

If this is correct, then you would most likely be classified as at fault.

The crap about your wheels causing the accident all sounds like BS to me.
 

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Discussion Starter #8
[/quote]

at first the insurance told me that they will value my car and give me the mony but after arguing with them and telling them i wont be satisfied by that ,they r going to get me a new z and maby with my modifications.

i really donot care about the car or the money :irock: life is simple and i can get another car if i want but the thing is i want to know my rights ,u guyz r from this country and u know the laws more than me.
 

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Sound like you had a very big accident and wrote the car off for the insurer to be offering you a payout. If this is the case, most insurance companies have a new for old clause, where they replace your car with a new model if your car was less than 1 year old. Some insurers now offer a new for old for cars up to 2 yo.
You need to read the fine print of your insurance policy and if you cannot understand it, then take the matter to a solicitor to help you deal with the insurance company.
 

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[/quote]

It is also common for insurers to offer up to 3 year replacement now on new vehicles
 

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Its silly for insurers to offer car replacement for 3yo vehicles. After all, the depriciation has done it best work in the first 3 years - it would be tempting for some to write the car off at 3 years of age, just to get a new car. This would be very expensive for insurance companies and increase all our premiums - not a good thing all in all IMO.
 

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I agree. When the option first came out it was a 12 month replacement option and you must be the first registered owner of the car. Now it dosen't matter if you're the 2nd or 3rd owner, as long as the cars less than 3 years old and has done less than XX km you are entitled to a replacement with most companies.

Consumerism and competition gone mad!
 

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You know what the insurance companies put people through when a car is written off... THey aren't getting ripped off any time soon.
 

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[/quote]

Exactly... it took my insurance company 3 months of probing into my life to eventually decide that i didn't steal my own car. It even took my insurance company a few days (and checking with Nissan head office) before they believed me when i said the 350Z doesn't come standard with an alarm!
 

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Dude seems like you made a mistake so coff it up (REMEMBER DEFENSIVE DRIVING!!!). Your a very young driver with a performance vehicle, you are very lucky that the insurance company didn't reject your claim..

350Z will not go offline or do those weird things you described without driver being at fault (eg SPEEDING, or LACK OF RESPECT FOR THE ROADS AND OTHERS).

I am not even going to take the wheels as an issue here.

I you come from RICH family, go cry to your dad and say sorry to OTHER ROAD USERS, and PRAY to GOD for giving you a second chance.

Its people like you that give other young drivers a bad name.
 

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Accidents happen even to the best of us - young and old.
Hopefully we learn from our mistakes to avoid makeing the same errors again in the future.
 
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