9 August 2021

Seeking free legal advice for car accident?

| trickyxr
Join the conversation
61

My wife was involved in a car accident she was stopped at a red light coming out of Mitchell turning onto the Barton highway she procedded when the light changed green and was t-boned her car was a write off and we have no insurance the other car has been deemed a write of by their insurer. There was a witness who told police that the lights were green for the other driver, My wife recieved a ticket for procedding thru a red light and now we are been chased for the damage to the other car(write off). However the speed limit is 40kph on the highway under the bridge I cant see how Both cars could have recieved so much damage if the other car was only doing 40kph.

My question is, Does anyone know of a lawyer in Canberra who gives free advice for the first visit who is pretty handy, and has anyone else been through this before?

If you’re also looking for legal advice, our recently updated article on the best personal injury lawyers in Canberra may be of interest to you.

Join the conversation

61
All Comments
  • All Comments
  • Website Comments
LatestOldest
screaming banshee8:19 pm 17 Jan 11

“Wife of the business owner was in a hurry and just seen the green light and went,,,,while there was still pedestrians on the crossing…she had a red turn light at the time…”

Even if she had a green light, that’s no excuse for driving into pedestrians, or anyone else for that matter.

If people don’t know they should have something other than CTP insurance then I’m not surprised that people don’t understand that a green light doesn’t isntantly mean the other person is at fault.

Captain RAAF6:19 pm 17 Jan 11

colourful sydney racing identity said :

Lazy I said :

“Please correct me if I am wrong, but doesn’t part of the ACT registration fee include Third Party Insurance with NRMA. Or do we need to take out additional third party insurance?

If so, what is the purpose of that premium with NRMA in our ACT Rego??”

That is for third party personal injury, not property. That is so if you hit someone their medical expenses / health care are covered, not the car or property.

I am concerned that this may be why a lot of people don’t take out any insurance, they think they are already insured through rego.

Wow. You are right to be concerned – I was one of those people until about 30 seconds ago.

Huh? How can anyone with even half a clue presume this, it’s clearly stated, well, everywhere!?!?!?!?

We all know people who have been in a car accident, when have you ever heard them say “It was okay, my NRMA Third Party Insurance got my car fixed!”……………………..?????

Ignorance is no excuse, neither is stupidity, if people really believe that the Third Party Insurance will cover the repairs to all cars involved in an accident then they truly don’t belong on my roads and they equally deserve the financial hardship their stupidity has bought them!

georgesgenitals4:38 pm 17 Jan 11

JustThinking said :

My son was hit at a roundabout by a car that was fully insured,,,but the driver wasn’t supposed to be driving. So nil insurance!!!!
Noone checked out the drivers details at the time. Well,,name and address etc but nothing more substantial. Son ended up paying for his own car to be fixed.

Why didn’t Son’s insurance take care of it? Or was Son driving without insurance…?

colourful sydney racing identity2:45 pm 17 Jan 11

Lazy I said :

“Please correct me if I am wrong, but doesn’t part of the ACT registration fee include Third Party Insurance with NRMA. Or do we need to take out additional third party insurance?

If so, what is the purpose of that premium with NRMA in our ACT Rego??”

That is for third party personal injury, not property. That is so if you hit someone their medical expenses / health care are covered, not the car or property.

I am concerned that this may be why a lot of people don’t take out any insurance, they think they are already insured through rego.

Wow. You are right to be concerned – I was one of those people until about 30 seconds ago.

I have no sympathy for people who are uninsured!

JustThinking3:17 pm 25 Dec 10

Crap,,a while ago a business vehicle here almost ran over pedestrians after trying to time a red light to turn green.
You know when the red light goes green then there is a few seconds of red ‘turn’ light before the ‘turn’ light goes green.
Wife of the business owner was in a hurry and just seen the green light and went,,,,while there was still pedestrians on the crossing…she had a red turn light at the time…

No idea why people do not have insurance,,,but it is not always about the car and it’s insurance.
My son was hit at a roundabout by a car that was fully insured,,,but the driver wasn’t supposed to be driving. So nil insurance!!!!
Noone checked out the drivers details at the time. Well,,name and address etc but nothing more substantial. Son ended up paying for his own car to be fixed.
Make sure you check out who was driving the car.

charges were bargained away with a determination to test the evidence before the bench. Actually was relishing the opportunity to show how benign plod can be.

Bargained away to what?

Look at all those ads for personal injury lawyers, negligence attorneys and car insurance that are on the page at the moment.

Our household lost a 40k plus car last year in similar circumstances. The insurance sure looked after the pain of two written off cars. Step number 1 of my earlier post on this matter was applied with vigour and threatened charges were bargained away with a determination to test the evidence before the bench. Actually was relishing the opportunity to show how benign plod can be.

I would bet that plenty of you who have replied have no insurance.

You would? Your last foray into gambling (not bothering to insure your car) didn’t pay off so well, maybe quit while you’re behind?

“I would bet that plenty of you who have replied have no insurance.”

Which is irrelevant, as your car had the accident

“Oh and the witness could have been family or friend traveling together”

Or they might have been independent, which the Police use more often than not, and your wife was bullshitting.

I have some free legal advice for you regarding car accidents. Drum roll please….

Don’t have one.

In a nutshell you are now exemplifying why people who don’t have 3rd party property are silly

I would bet that plenty of you who have replied have no insurance.

You may be right. I’ve always had 3rd party property as a minimum though, as should everyone.

I would bet that plenty of you who have replied have no insurance.

Tooks, yeah I know he’s just fishing, but it doesn’t mean it cant be fun having a dig your self though

Agreed. Definitely part of the fun of Riotact is having a dig at each other.

Tooks, yeah I know he’s just fishing, but it doesn’t mean it cant be fun having a dig your self though 😉

It’s frightening how many people can’t spot the difference between “third party insurance” and “third party property insurance”.

georgesgenitals9:39 am 23 Dec 10

“I wonder how many people on our roads don’t have third party property insurance due to their ignorance of what compulsory third party is.”

It’s scary that people drive around without knowing this sort of thing.

You trully are an idiot. Thats why the courts are overflowing with matters ….. I have never seen someone sook so much in my life !!!!!

You know he’s just trying to get a bite. Either that, or he believes the nearly full AMC and Bimberi are a result of crooks handing themselves in…

Please correct me if I am wrong, but doesn’t part of the ACT registration fee include Third Party Insurance with NRMA. Or do we need to take out additional third party insurance?

I wonder how many people on our roads don’t have third party property insurance due to their ignorance of what compulsory third party is.

“Please correct me if I am wrong, but doesn’t part of the ACT registration fee include Third Party Insurance with NRMA. Or do we need to take out additional third party insurance?

Talk about ignorance being bliss, haha.

I don’t recall going to any special lessons where somebody held my hand and explained to me some pretty basic principles about car insurance. I’m pretty sure common sense and appreciating the responsibilities of car ownership helped me across the line here.

FFS!

I also didn’t understand this at all when I arrived in Canberra. In the UK it is compulsory to have third party insurance. In fact you have a choice of third party, third party fire and theft or fully comprehensive (unless it’s changed recently). This covers damage to other cars in the event of an accident. On arriving here, I had to have it explained to me several times as I simply didn’t understand why you’d need to take out a second third party insurance when you have already had to pay for compulsory third party as part of the rego. Now I understand it clearly as the rego insurance is not actually something I recognise as third party insurance but is something separate altogether and should be ignored altogether when looking at insuring cars. I have comprehensive insurance myself 😀

Bigred said: “Suggestion 1: GO back to plod and very respectfully suggest that the TIN is flawed because the evidence they have used is unreliable. Suggest that if it is not withdrawn you will be prepared to challenge the evidence in court. Plod is fundamentally lazy and wants to attribute blame with no hassles. They also will avoid a day in court if they can. Likely result if you are being fair dinkum is a downgrade to a cuation – hence reduced outlays.”

You trully are an idiot. Thats why the courts are overflowing with matters ….. I have never seen someone sook so much in my life !!!!!

Mate, To tight to pay for insurance and now you want free legal advice? I suggest you cough up up for the legal advice because it sounds like you will probably need it……..

“Once the B-pillar is properly bent the car is toast. Probably wouldn’t need to happen at more than 15-20Km/H.”

I was in a 1993 Toyota & a car u turned in front of me & whacked my car. In between the accident & the insurance assessment, my car was rear ended by a 4WD (last accident on the Russell roundabout in its original shape. Well the insurance assessor told me the damage from the first accident was enough to write the car off. All it did was bend around the wheel arch (photo-http://i611.photobucket.com/albums/tt193/Bus400/RiotACT/YXU-5271.jpg)

Trickyxr, may I suggest a future investment in one of those video cameras that record your cars every move & save the few seconds before impact. This should help if any future cases come up.

Suggestion 1: GO back to plod and very respectfully suggest that the TIN is flawed because the evidence they have used is unreliable. Suggest that if it is not withdrawn you will be prepared to challenge the evidence in court. Plod is fundamentally lazy and wants to attribute blame with no hassles. They also will avoid a day in court if they can. Likely result if you are being fair dinkum is a downgrade to a cuation – hence reduced outlays.

Suggestion 2: Go and hit head against solid object repeatedly while saying “I am a f’wit. Never let anyone drive uninsured car”.

Suggestion 3: Consider bankruptcy if your net worth aint too great. COuld be cheaper and less painful.

Lawyers generally only take on a compensation case when they feel they have a reasonable chance of winning. But this doesn’t even seem to a compo case, and if it was, the OP would be on the wrong side of it (at least on present evidence).

Most lawyers do an initial consulation to see if they will take the case for free. Open the phone book, ring around, and see what happens. But I would certainly want some more evidnce than “the police, other driver and a witness say this, but my wife swears black and blue she didnt do it”.

Have you tried Legal aid? Means tested I think, but I’m pretty sure they’ll give you basic advice over the phone in the first instance.

“Please correct me if I am wrong, but doesn’t part of the ACT registration fee include Third Party Insurance with NRMA. Or do we need to take out additional third party insurance?

This is just frightening. That fact that you mention “our rego” in the next sentence tells me that you own and drive a car, which is even MORE frightening.

(You’re wrong, just to be clear. And yes, you do need to take out additional third party insurance).

It is interesting that the car that was hit side on would be written off though. Was it an older car?

Not that interesting – Once the B-pillar is properly bent the car is toast. Probably wouldn’t need to happen at more than 15-20Km/H.

OpenYourMind5:38 pm 22 Dec 10

I’ve heard that these no win, no fee lawyers take a very big cut. Worst of all, all the expenses you rack up are subject to a significant interest rate. They will send you off for all sorts of medical appointments and pick up the tab. Only catch is that it’s all charged back to you plus interest.

I’ve never used such a service and my understanding may be incorrect.

canberrachildcareworker5:26 pm 22 Dec 10

Yea it really doesnt take much to write a car off. I hit the barrier going round a corner in wet weather. There was hardly any damage done to the front, cept both the headlights were smashed. However since the airbag went off..that was it. Apparently airbags are just so expensive to repair alot of cars are usually written off when this happens.
It is interesting that the car that was hit side on would be written off though. Was it an older car?

“My question is, Does anyone know of a lawyer in Canberra who gives free advice for the first visit who is pretty handy, and has anyone else been through this before?”

Yeh, there’s one in Braddon above the shop where they give out free insurance, which is across the road from that car yard that gives away free cars. Your cheapness got you into this sunshine; don’t think it’s going to get you out.

As for costs, I recon $1,500 per panel damaged, and if the sub-frame is bent in any way, its a write-off (unless it’s a Ferrari, in which case it will have to go back to Milan to be repaired).

Pay the money to get a decent lawyer and put the “it’s his word against mine” argument. The one’s that give yo a free consultation are looking for a damages claim they can get some of. If you’re looking for a defense lawyer, put down some hard cash.

Also, insurance companies give free legal advice… Oh wait, forget that.

AussieRodney5:06 pm 22 Dec 10

Try Bill Andrews at Stacks.

Oh and the witness could have been family or friend traveling together.

I’m surprised this bloody obvious point apparently didn’t occur to anyone else.

Holden Caulfield2:36 pm 22 Dec 10

“Please correct me if I am wrong, but doesn’t part of the ACT registration fee include Third Party Insurance with NRMA. Or do we need to take out additional third party insurance?

Talk about ignorance being bliss, haha.

I don’t recall going to any special lessons where somebody held my hand and explained to me some pretty basic principles about car insurance. I’m pretty sure common sense and appreciating the responsibilities of car ownership helped me across the line here.

FFS!

oh and a witness may have been a completely independent person that saw it all happen in front of them.

even if that was the case – you’re never going to be able to prove it are you. Don’t get pissy at those that responded – they only said what they think.

police come, take a short summary from each party and a witness. Your wife must’ve been compus mentus and appearing fine otherwise they would have called an ambulance. of course, they could have dashed off to a significant accidence elsewhere.

lesson learnt i guess re insurance.

My cars are always comprehensively insured, although since that big insurance kerfuffle in the 90s, the cost has actually increased as the car’s value has decreased. I priced getting 3rd party property only when the car became old and virtually worthless, but the price was almost the same.

trickyxr – dont get upset at the 90% of us who have no sympathy for you.

From the front page of the Maliganis Edwards Johnson website:

“Maliganis Edwards Johnson provides specialist personal injury legal advice and representation for people who have been injured in the ACT.
We know that compensation doesn’t happen by accident. We’ve worked hard to achieve great results for our clients in Canberra since 1985”

I think you will be hearing from them or another compo lawyer such as Stacks, for free, sometime soon…

As your wife has been identified as the cause of the crash, your going to need the kind of legal representation you pay for.

I find it interesting that yesterdays accident, a t-bone threw a red light with a policeman involved instigated a full investigation, however by the time i got to my wifes accident (25minutes) the police had left even though my wife had recieved cuts to her head, there was no investigation.

Oh and the witness could have been family or friend traveling together.

Thankyou to the few considerate people who read my post and gave me the info i was after.
The rest of you can go and get*&^%*ed. I wasnt after the bleeting obvious. Trust me my other cars now have 3rd party property insurance.

I say contact the police.

If your wife insists her light went green, and you say its only a 40k zone. Then the other driver should also be held at fault for speeding. Had they been doing the speed limit the accident might have been avoided.

But sadly its a he said/she said situation and the other party has a witness on their side.

@rbw – compulsory third party insurance is for the people you kill or injure, not their property. For that you need to take out private insurance.

“Please correct me if I am wrong, but doesn’t part of the ACT registration fee include Third Party Insurance with NRMA. Or do we need to take out additional third party insurance?

If so, what is the purpose of that premium with NRMA in our ACT Rego??”

That is for third party personal injury, not property. That is so if you hit someone their medical expenses / health care are covered, not the car or property.

I am concerned that this may be why a lot of people don’t take out any insurance, they think they are already insured through rego.

Trikyxr – I hope your wife and any occupants of hers or the other vehicle are doing well after the accident, and it doesn’t get in the way of enjoying Christmas.

The lawyers I hear advertising on the radio all the time are Melaganis Edwards Johnson who use the tagline “No win, no fee, and proper compensation”.

Though a word of warning – such an offer will in all probability only apply when you are the complainant, not the defendant. Not being a lawyer though, don’t take my word for it, and best of luck.

To those pointing out that driving without insurance is dangerous, or theorising on whether Trikyxr’s wife was the one at fault or not – cheers for missing the point of his post – that they need (and obviously cannot afford) a lawyer. Even if you are right, their liability and need for a lawyer simply increases, not decreases, under each of those scenarios.

Please correct me if I am wrong, but doesn’t part of the ACT registration fee include Third Party Insurance with NRMA. Or do we need to take out additional third party insurance?

If so, what is the purpose of that premium with NRMA in our ACT Rego??

You might need to change your name from trickyxr to trashedxr…

You seem to have enough pride in your vehicle to name yourself after it, yet you dont insure it?!?! Nuts…

Remortgage the house and pay up. Cars are designed to absorb impact rather than have the occupants absorb the impact so pay up and stop trying to evade your responsibilities.

Swaggie – one of the few along with ‘Lazy I’ @6 who is stupid enough to have full insurance

A wiser person than me on matter pertaining to law said offered this sage advice to me once: “Free legal advice is worth exactly what you paid for it.”

I don’t understand why someone would drive around in an uninsured car. Stupidity.

One day we will be like the US and UK and it will be compulsory to have third party property insurance at the minimum.

Though given the number of un registered cars picked up by the RAPID system there’s no guarantee that changing the law is going to make any difference….

I was T-boned by an idiot coming through a red light some years ago. She swore blind that she had green but, fortunately, a witness confirmed that she came through red.

As astrojex says – what reason would a witness have to lie? The probability is that your wife went through red.

And no insurance? Not even third-party property? You knew the risk you were taking – you have nothing to complain about. Pay up and consider it a lesson well-learnt.

johnboy – Combined speed is only divided by 2 if both moving in the same or opposite directions, and the stationary wall bit is also only true for the same. In this case, trickyxr has said it was a t-bone collision – so in theory both cars will force each other to turn 45 degrees and keep moving after the collision, so incurring impact speed * sin(45).

The real question from trickyxr was – is a collision at 40kmhr enough to write off a car? Answer is that it’s definitely possible, particularly if the car is older and/or cheaper. Straighening a chassis and the rest can cost a lot more than replacing a cheap car. Years ago a bump at 15kmh involved $3k of repairs to my own car. You could try to have them get 3 quotes, and see if both of the next 2 don’t suggest it’s a writeoff.

georgesgenitals10:48 am 22 Dec 10

“Am I the only idiot that pays for car insurance?”

I have comprehensive on both my cars, although I have a rule that once a car drops below about $2000 in value, I switch it to third party property (which generally includes my vehicle for not at fault accidents also).

Driving without at least third party property is madness.

Given it was a T-bone, combining velocity for the two cars doesn’t make sense. In this case you’ve got momentum acting in directions at right angles to each other.

So, yes, impact on both cars would be equivalent to 40km/h.

Head on is a different story.

I’m glad no one is hurt. And I am also shocked you don’t have third party property.

Thank you Dr Butler and Mr Bryant for being great high school physics teachers.

georgesgenitals10:41 am 22 Dec 10

“Two cars collinding at 40kmph each get pretty much the same force exerted on them as hitting a stationary wall.”

Yep – physics 101.

I was involved in a crash a number of years ago, where a moving vehicle hit a stationary vehicle at about 45km/h – the car was a total write off (the insurance assessor didn’t even try to pry the bonnet up).

I can’t believe there is another story on here where someone doesn’t have car insurance, not even third party property?

In the last 2 months in the ACT a good friend’s car was given a decent nudge by an uninsured driver, a relatives car was written off by an uninsured driver failing to give way, we’ve had a story on here recently where the person at fault had no insurance and was looking for advice.. and now this??

Am I the only idiot that pays for car insurance?

I was speaking to someone at a bank recently and they were telling me how many people are shocked that they have to have insurance on a car that is part of a secured loan.. seriously?

I would love to see some statistics on the number of cars registered in the ACT, how many have 3rd part property and how many have full comp.. anyone know where I could find stats like this?

/end rant

MissAppropriation10:09 am 22 Dec 10

I suggest contacting Richard Faulks or Tanya Herbertson @ Snedden Hall & Gallop on 6285 8000.
For a free 30 minute consultation via their sister company Stacks, call 1800 23 1800.

Snedden Hall & Gallop’s sister company, Stacks//Compensation is a member of Stacks the Law Firm, a group of independent law firms that, together, offer a wide range of legal services throughout New South Wales, the Australian Capital Territory and Queensland.

To learn more about Stacks//Compensation click on the link below:
http://www.stackscompensation.com.au/

I hope this helps.

And have we learnt a lesson from this?
Maybe make sure you have insurance next time…

actually Mythbuster’s have done this.

Combined speed is not important because force is exerted on both objects.

So the combined speed needs to be divided by 2.

Two cars collinding at 40kmph each get pretty much the same force exerted on them as hitting a stationary wall.

Hope she and the other driver are ok? Check out yellow pages I hear they give out contact numbers for almost anybody.

Maybe the witness was right? Doesn’t take much to write of a car nowdays… why no insurance?

There was a witness who told police that the lights were green for the other driver

umm, mebbe mrs trickyyxr is actually to blame? what did this witness have to gain by lying for the other party? might be worth paying a good lawyer to limit your damages…

and with the crumple technologies in chassises [what the plural for chassis?] perhaps a combined 80km/h impact mass might do some damage…

good luck but…

Daily Digest

Want the best Canberra news delivered daily? Every day we package the most popular Riotact stories and send them straight to your inbox. Sign-up now for trusted local news that will never be behind a paywall.

By submitting your email address you are agreeing to Region Group's terms and conditions and privacy policy.