Afternoon,I have had a car accident no insurance she has was not my fault.have nz road rules to prove and also mine and

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Customer: Afternoon,I have had a car accident no insurance she has was not my fault.have nz road rules to prove and also mine and her witness is the same person he wrote a statement and drew a diagram of crash and said he holds her at fault.her insurance company have contacted me and said they will be lodging a claim through the disputes tribunal.i dont no what i have to do next do i get a lawyer for this ?
JA: Have you talked to a New Zealand lawyer about this?
Customer: no
JA: What steps have you taken so far?
Customer: i have got all the info and evidence together so far
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: nothing else
Answered by Chris The Lawyer in 9 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer with more than 42 years of experience. I am here to help with your questions.

Customer
Hi ,i just wanted to no my next move with the question i asked? I was involved in a car accident ,she has insurance i don't.
she has logged a insurance claim against me but i wasn't in the wrong .i have done some research of NZ road rules and mine and her witness is the same person and he has written a statement and has drew a diagram of crash and has said he hold her to be at fault.her insurance company has email me and said they will be taking it through the disputes tribunal i just want to know what i should do to help myself so the out come favors me
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Chris The Lawyer, Expert

Lawyers cannot appear in the Disputes Tribunal but the Insurance Company may send their claims manager. What you need to prepare is a statement, get the witness to come with you and ask the witness to produce the diagram and explain what they saw

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Chris The Lawyer, Expert

It is less formal than a court, but you should be able to explain your side, and use the road rules to explain why you think you were not at fault. You can also claim for your damages for repair of your car, but you might need to bring a cross claim in the tribunal to do this. So you should tell the insurance company that not only do you dispute the claim, but you want the insurance company to cover your losses

Customer
you say cover your losses? is this the damage or the time of work i have had to go to the tribunal?
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Chris The Lawyer, Expert

You can claim the time if you lost wages or are self employed and lost work

Customer
there is one other thing i was on the way to take my car for a warrant i told the mechanic what had happen and he said the crash was not caused because of that should i get anything from the mechanic to say that it got a warrant that day
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Chris The Lawyer, Expert

Yes, in case that is raised at the Tribunal

Customer
Thank you for your help
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Chris The Lawyer, Expert

The insurance company may try to settle if you explain your side of course

Customer
i have given my side of the story and the rules i have got do you think it will getting some thing from the police to say these are the rules is there anything you recommend i can do to go above and beyond
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Chris The Lawyer, Expert

If you describe the accident I can give you my view of liability

Customer
car in front of me then me and a car behind me
car in front moved to center of the road causing there to be enough room for me and the car behind me to go around the car in front.she did not indicate doing this and had stopped in the middle of the road .
i proceeded to start passing and she turned back in and hit methe witness said she did indicate but was only for a split second he was watching because he was going to do the same thing as me
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Chris The Lawyer, Expert

Did you cross over the centre marking of the road to pass her?

Customer
No i went left of her she went to middle of road (center)
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Chris The Lawyer, Expert

That would appear to put her at fault, but she may argue about the indication timing I guess. If she moved to the center of the road, stopped and then turned left, that would be a problem for her, as her obligation in making a left turn is to be on the left part of the road and not the centre

Customer
i didn't see her indicate and in the statement from our witness said in statement 'i cannot be certain whether she indicated before starting to turn , but even if she did indicate first it was only a split second later that the turn started .
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Chris The Lawyer, Expert

The emphasis at the tribunal should be on her stopping in the centre of the road and then turning left, when you would have expected her to turn right form the centre of the road

Customer
Ok ,is there anything else you recommend i can also take or do to help me when i go?
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Chris The Lawyer, Expert

Photos and diagrams are always useful

Customer
if they bring up i didn't have a warrant and i get a letter to say wasn't cause of crash etc could they say something like maybe your brake pads were worn out? what could help me then also you say to emphasis at the tribunal about her stopping in center of road etc so make the main focus around that when im there?
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Chris The Lawyer, Expert

A letter like that would help if the issue came up. And I think her driving and stopping in the centre is the main issue

Customer
ok thank you for your help today has helped me a lot to feel comfortable going to the tribunal
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Chris The Lawyer, Expert

Glad to help

Customer
one more question can they bring up what if's like say some thing around the warrant like tires or brake pads were changed before got warrant even no evidence to what they say do i just go back to the main focus of her stopping in center of road i just want to be prepared so i know how to go in to the dispute tribunal im just worried they were make the focus around me having no warrant and trying to think of anything they could say and how i could answer it
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Chris The Lawyer, Expert

I think concentrate on the driving as those issues of the WOF and tyres are not the cause of the accident

Customer
Ok thank you
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