Reversed into by a council garbage truck (advice needed)

[rob_phill]

Hi all,

My younger sister has just been involved in an accident in NSW, her car was struck by a NSW city council garbage truck.

She was behind the truck at a set of lights, when the truck started reversing into the front of her car.
(I can't fathom what a garbage truck was thinking going backwards after stopping at a set of lights.)

The police were called, and my sister was advised that it was classed as a minor incident. She said that she called a number and reported to incident (not sure who it was reported to, or what her current insurance situation is, I will get more information off her shortly).

The driver of the vehicle got out and was rude, and alleged that it was somehow my sister's fault. His boss turned up and asked my sister what she was going to do to which she replied "I will get some quotes for the damage and make a claim". He told her that the council won't be accepting the claim or making payment for the damages.

The police however verbally told her that she was not at fault, and the witnesses at the scene were also able to advise that she was not at fault.

What is the next step that she needs to take? She is clearly not at fault, and the council should be paying the damages to her car that they caused.


Any advice would be greatly appreciated.

[gossie]

If she is insured then the easy way is to make a claim with her insurance company. If her insurance company can be convinced she never ran into the truck and in fact he reversed into her it may cost here nothing. She needs to discuss that with her insurance company.
She could obtain 3 quotes to repair the damage to her vehicle and present them to the council involved, requesting payment within 7 days or action WILL be taken. If no payment at 7 days contact her lawyer.

[Stressball]

Yeah, speak to insurance company, get a police statement which says she was not at fault and that she was backed into. The damage will be repaired, and it will be her insurance companies problem to chase the council for the money. Her car will be fixed at no charge to herself.

[ucwepn]

I saw (heard) a similar accident outside my house early one morning, truck was reversing because the muppet over the road puts the bins outside his house and lives at the end of the street, anyhow the truck drivers are too lazy to go around the block and simply reverse out. I heard a bang and some yelling so I stuck my head out the door and saw the Garbo pulling this guy out of his car and starting to lay into him becase he reversed his truck into him. I screamed OI!!!!!! which brought the fight to an end and I watched as the car driver got back in his car quickly and proceeded to scrape off the drivers side of his car as he tried to reverse away, he the drove off his car faily damaged then the truck driver nicked off too. I called the police and told them what I saw but they never came lol typical. Anyway about 40 mins later I hear allot of rumbling and I stick my head out the door again to have a look and there were 6-7 garbage trucks and the drivers all had weapons (iron bars etc), I was like wtf lol. they hung around for a while then they all took off it was like something out of sopranos . Anyway an Insurance investigator contacted me some time later and I told him everything and he couldn't believe my story. the garbos still hate me 2 years later one time they stole my bin just threw it in the truck and took off right in front of my eyes.

[Shedvl]

First thing Id do would be to speak to a solicitor. They know how to deal with everything...and what questions to answer and what not to answer. Be as honest as possible but beware even her own insurance company will try to screw her over. They are always looking out for themselves. Keep a diary and write down everything. Glad she had witnesses, makes it easier. Also glad shes ok

[rob_phill]

Hahaha never mess with anyone that tells you they 'work in sanitation'
That's a really mental story haha.

Thanks for the advice so far. I will have a chat with my sister and we will work out what the next step will be.

[AirStrike]

First thing Id do would be to speak to a solicitor. They know how to deal with everything...and what questions to answer and what not to answer. Be as honest as possible but beware even her own insurance company will try to screw her over. They are always looking out for themselves. Keep a diary and write down everything. Glad she had witnesses, makes it easier. Also glad shes ok

Ummm insurance company is fine to call, no need for solicitors!

[Jesterarts]

Does your sister have full comp or 3rd party?

If full comp, then all she does it lodge a claim, provide details of witnesses and police who attended and that's it. Nothing more to worry about.

Not sure what she does if she only has 3rd party. I imagine sending pictures of the damage and a police report to the council would be step one.

[DLFHUB666]

"I told you to tell them, you worked in sanitation, not a sanatorium" sorry no help at all.

[Rufys]

This is cut and dry. There are witnesses and there will be a record of Police attendance.

She needs to give all the details of what happened in a written statement to her insurer. Bullet points work best in a time line manner.

She needs to give the contact details of the witnesses to her insurance company.

She needs to get a copy of any records from the Police. If nothing else, there will be a record of the phone call, the Police that attended and should be notes in their notebooks. A crash report will also need to be filled out at the Police station - even though it's minor.

She shouldn't need to pay anything and the insurance company should arrange all the repairs and then pursue the council for recovery of costs.

Bottom line - nothing to worry about at all. Let the insurance company deal with it - it's what you pay your premium for. Don't even both with nonsense such as lawyers etc.

[Rufys]

I saw (heard) a similar accident outside my house early one morning, truck was reversing because the muppet over the road puts the bins outside his house and lives at the end of the street, anyhow the truck drivers are too lazy to go around the block and simply reverse out. I heard a bang and some yelling so I stuck my head out the door and saw the Garbo pulling this guy out of his car and starting to lay into him becase he reversed his truck into him. I screamed OI!!!!!! which brought the fight to an end and I watched as the car driver got back in his car quickly and proceeded to scrape off the drivers side of his car as he tried to reverse away, he the drove off his car faily damaged then the truck driver nicked off too. I called the police and told them what I saw but they never came lol typical. Anyway about 40 mins later I hear allot of rumbling and I stick my head out the door again to have a look and there were 6-7 garbage trucks and the drivers all had weapons (iron bars etc), I was like wtf lol. they hung around for a while then they all took off it was like something out of sopranos . Anyway an Insurance investigator contacted me some time later and I told him everything and he couldn't believe my story. the garbos still hate me 2 years later one time they stole my bin just threw it in the truck and took off right in front of my eyes.

LMAO!!! Barrone Sanitation??? CinellI Sanitation??? Lucky they didn't treat you to their satisfaction guarantee... "Satisfaction guaranteed or double your rubbish back"

[CapriciousWL]

Had the same thing happen to me outside Melbourne uni years ago. One of their trucks at the lights turning left, decided he wanted to be in the other lane turning right. 1 bonnet, 2 headlights and a few other bits later, he was in the lane he wanted. He was shocked that there was a car behind him but was very apologetic. There were no witnesses. He happilybadmitted fault.

Difference with council vehicles is after an accident it seems the guilty party loose their jobs so they have to defend themselves at all costs.

[Troy711]

Does your sister have full comp or 3rd party?

If full comp, then all she does it lodge a claim, provide details of witnesses and police who attended and that's it. Nothing more to worry about.

Not sure what she does if she only has 3rd party. I imagine sending pictures of the damage and a police report to the council would be step one.

This is the exact process you need to do. Police reports have been made so get the report number and give it to the insurer. The report will have ALL the details of witnesses who gave statements, the other drivers details and also an unbiased description of what happened.

There is no need to give 12 different lots of witness details or go and get 3 quotes... just the other drivers details, details of the accident and a police report number. I don't know why everyone is saying to do a billion different steps, the insurance process is that bloody simple anyone can work it out.

[Shedvl]

Ummm insurance company is fine to call, no need for solicitors!

Each to their own opinion My own insurance company tried to trick me with certain questions, and I wasnt at fault. Thats why I suggested a solicitor

[Shedvl]

Nothing to do with insurance is ever simple.... look at the QLD Flood situation. Not car related I know but insurance companies are notorious for making the process difficult unfortunately

[Troy711]

Well we are on a car forum, my statement made was to reflect this.

[rob_phill]

after speaking with my sister here is the story.

waiting at lights, truck in front of my sisters vehicle. sister waiting patiently, truck also appears to be waiting patiently
truck driver appears to decide he wants to turn right into a street that is adjacent to his current position. puts on his blinker takes off and turns into the street
my sister moves forward and closes the gap where the truck once was
all of a sudden truck reversing into the side my sisters car
(it turns out he was doing some sort of ridiculous blind three-point-turn

She has third party fire and theft insurance, not comprehensive insurance.

[rob_phill]

I also spoke with the local police about the incident and got them to give me some advice on how to proceed.

as the driver didn't provide any insurance details at the scene of the accident, She will have to contact the contractor's office. we called them at 4 only to be very rudely told that the office hours were only until 2
The police advised that it's an offence to not provide insurance details, so if on monday nothing has been provided they will step in and handle that part of it.

after that it's just up to my sister to provide her side of the story, evidence, witnesses etc. to their insurance.

[greenacc]

I think you are still overcomplicating things. Even with fire and theft you still call YOUR insurance company after an accident. Because the accident was not your fault i'm quite sure they will follow it up for you. It doesn't cost them anything because the trucks insurance will be paying all the costs. Insurance companies deal with each other for the rest of it. The truckies are just covering each others hairy Butts. She did get the trucks rego number right ? If she's got the rego, and witnesses its a done deal. Call em up now, claim lines are usually 24 hours. Go shaft that rude Muther Trucker.

[IS250FSSV]

Did she tell him to get laid to relive he stress. If I was in your Sisters position I would ask if the driver had life insurance before proceeding to my next step.

[ClairBear]

If I was in your Sisters position I would ask if the driver had life insurance before proceeding to my next step.

I assume this means because you would be violent? No need for that sort of behaviour, it was an accident.

[showbags]

No matter which way you look at it, it doesn't matter if you sisters got insurance or not, the truck driver is at fault because he was reversing. The contractor or council is liable for all damages. By saying they won't accept any claim is just trying to bully your sister into not making a claim.