Evo 10 write off crash (AYC FAULT?)

[The X]

Perhaps a definition will help... fault or non-fault doesn't come into play. Even if you were rear ended but you were being a dick to cause the other driver to rear end you, you can get nicked for neg driving.

"In NSW, the standard for proving negligent driving is fairly low. A driver may be found to be negligent if they did not drive in the manner that a reasonable prudent driver would have driven given all the circumstances. A determination of all of the circumstances includes including consideration of the variable factors such as weather, road and traffic conditions. "

Or here is the actual law:

http://www.austlii.edu.au/au/legis/nsw/ ... /s117.html

[parralegend]

Thanks Pete and I know about the new tailgating laws they changed that so you couldn't slam ur brakes and get a free rear end repair lol based on the being a dick comment. The variable factors I suppose in Scott's case wouldn't have been considered based on the vechile actually being the factor. I wont comment any further on it but yer all the best to you Scott I hope it all works out for you and a set of Evo XI keys fall into your lap

[Dire]

By that definition he shouldn't have been given the Neg Driving ticket...

Sound more like a case of 'guy in a sports car crashed, must be a hoon'.

Surely they need evidence to show it was negligence, not evidence to show it wasn't.

But seeing as they're investigating the crash, perhaps it was just a temporary thing until the truth was found, but its still pretty stupid.

[The X]

Assumption by most cops is. You crashed your car, you failed to keep the car under your command control, hence you're negligent driving.

It's an easy label apply if you're the officer on scene for a simple crash.

[Dire]

Surely a brief look at the scene must have shown it wasn't a simple crash though... Especially from people who see accident scenes all the time as their job.

Maybe not a good idea to fill the thread with bagging-out of cops though... They came to their senses, so I'll be quiet about it now

[Mystique]

Wow what the Duck?


*edited so i wouldn't be in trouble anymore Sorry >_<

[Mystique]

Oops! >___<Sorry>_<

*facedesk*

[shadow-vex]

^ no swearing plz!

since when did u become a moderator erin

[bunnishiwa]

Who on earth are you insured with Scott?? Sounds very suss behavior by them

[Kyrus]

glad ur ok now dude. sucks to loose ur pride and joy over something thats not your fault. hope u can put this behind and move on to bigger and better things.

also good to know that things are getting sorted. all the best with whats coming ur way dude

[Metalstrix]

Who on earth are you insured with Scott?? Sounds very suss behavior by them

I'm curious too. VERY dodgy

[bunnishiwa]

For what reason can't you name the insurance company? Hardly privilaged information is it now

[tbomb]

I've been in the insurance game 5 years, my family 40+ years (we run the largest privately owned brokerage in AUS) and none of this insurance -v- police blah blah business adds up nor makes any sense

So rather than calling bullsh!t on your whole version of events I'll be constructive. If the vehicle is involved in a single vehicle incident involving a total loss an investigator is appointed. Suggest you talk to the investigator, you're only delaying settlement of your claim further

Best of luck with your recovery