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View Full Version : VIC possibly being charged for tailgating/ following too close.



fmx990
30-08-2011, 03:12 PM
so the story is that i had a car accident a few weeks back which resulted in my car hitting the car in front which hit the car in front of that. nothing big just a slow speed rear end that resulted in my car sustaining damage but the other 2 cars you would swear had never been in an accident.

anyway the driver of the car in front was on her way to hospital for wateva reason and figured she should get her neck checked out incase of whiplash or some neck injuries. And to have these medical bills covered by TAC she needs to file a report with the police but the police are now wanting to charge me with following too closely.... but please read on before jumping to conclusions.

now the details of why the accident happened is that i was about to change lanes so did the usual headcheck and when i looked back the traffic had started to stop suddenly and of course that 2 second gap was now significantly less after checking for other cars which resulted in me being unable to stop in time and hitting the front car.

the police were never called to the accident as it was nothing major so I am wondering if they can have this charge stick without having been at the scene.

I am not a P plater anymore and have never had a ticket in my life and always leave a safe gap but will they care about this information? they just see that i rear ended a car and assume i was tailgating??

oh and when i spoke to the police on the phone before, the story they seemed to have understood is that the driver needed to go to hospital after the accident and not she was already on her way there...

redefine
30-08-2011, 03:19 PM
thats bullshit! as if they can charge you for that without even being at the scene, if the accident caused injury to anyone shouldnt police be called??

is there a way to can go to the cops and give a statement of your side of the story?? cause if she lied in an official statement to the cops, isnt that an offence they can be charged with?

fmx990
30-08-2011, 03:31 PM
i've even spoken to the other driver several times and she said she just got it checked out to be safe and incase there are future problems relating to this accident so its not because it was really sore or anything.... but thats not the issue really. its the fact the cops wont take being a good driver doing a headcheck trying not to cause a lane change accident a reasonable answer for losing that 2 second gap.

and when i spoke to the cops on the phone he said maybe if there was a good reason like a spider dropped down or something.. haha wtf?? so looking for a spider in the car is better than doing a headcheck taking your eyes off the road??

but he had to speak with his sergeant about the excuse so as current i haven't been charged but it doesnt sound good.

raffyboy
30-08-2011, 03:49 PM
They will not be able to build a case on you. It will be hard for them to build evidence, looks like its going to be a waste of your time mate.

fmx990
30-08-2011, 05:41 PM
But surely being the all mighty powerful police can they just charge you on assumption; and if this is the case can you contest the charge by writing a letter?? and not have to take it to court to have it resolved.

trism
30-08-2011, 05:45 PM
They're the cops, they can do what they want.

Sent from my custard cannon like Peter North.

WATAJK
30-08-2011, 05:57 PM
We tax payers pay for the case against him >.> Its ****in fail the system

sxmachine
30-08-2011, 07:36 PM
Tell them u sneezed worked for my mate cause u blink when u sneeze :)

Stig
30-08-2011, 09:51 PM
^ stat dec, bam, covered

ive heard a story of some chick who ran a red light (it was yellow at the time), she said she sneezed, wrote a stat dec and got away

Oxer
01-09-2011, 07:25 PM
If you get a summons in the mail, lawyer up, it will be thrown out 100%

90LAN
01-09-2011, 07:53 PM
they can charge you with careless driving, If you drive without due care and attention
or following to close

obviously both because you hit the car in front
thast the evidence there

you can contest it or be a man and accept you made a mistake
hope you have insurance too sounds like she wants money out of this

fmx990
06-09-2011, 12:34 PM
they can charge you with careless driving, If you drive without due care and attention
or following to close

obviously both because you hit the car in front
thast the evidence there

you can contest it or be a man and accept you made a mistake
hope you have insurance too sounds like she wants money out of this

if you read the story correctly you would understand how the incident happened. i had my 'safe' gap but the headcheck reduced it and i as i couldnt change into my preferred lane as there was a car there i had no choice but to slam on the brakes and watch as every1 else slammed on their brakes...

but cops called before and said no further action will be taken so obviously realised they dont have a leg to stand on.

redefine
06-09-2011, 12:59 PM
90lan: theres a difference between admitting you made a mistake and dealing with it, and getting royally ****ed over for the mistake


if you read the story correctly you would understand how the incident happened. i had my 'safe' gap but the headcheck reduced it and i as i couldnt change into my preferred lane as there was a car there i had no choice but to slam on the brakes and watch as every1 else slammed on their brakes...

but cops called before and said no further action will be taken so obviously realised they dont have a leg to stand on.



good! if they had've charged you then http://s3.amazonaws.com/kym-assets/photos/images/original/000/126/314/3cd8a33a.png?1306264975

90LAN
06-09-2011, 07:01 PM
if you read the story correctly you would understand how the incident happened. i had my 'safe' gap but the headcheck reduced it and i as i couldnt change into my preferred lane as there was a car there i had no choice but to slam on the brakes and watch as every1 else slammed on their brakes...

but cops called before and said no further action will be taken so obviously realised they dont have a leg to stand on.


If you had enough of a gap as you said you wouldnt of hit her, no matter what you where doing. In this case a simple head check.

thats good news for you then, hope she doesnt sue your ctp to try get some money and cause you more grief

NSPYRE
07-09-2011, 02:53 PM
i've had this happen to me before. apparently, no matter what the circumstances, the driver behind is ALWAYS at fault according to the laws in Australia.

i even had the driver in front of me insist to the police at the scene and insurance company it was completely their fault, but they didnt give a sh!t

redefine
07-09-2011, 03:00 PM
If you had enough of a gap as you said you wouldnt of hit her, no matter what you where doing. In this case a simple head check.

thats good news for you then, hope she doesnt sue your ctp to try get some money and cause you more grief

and i bet you always leave enough gap to do a headcheck, and dont reply saying "i leave two seconds bla bla bla" cause if you get caught out at the wrong time even 2 secs isnt enough.

Type R Positive
08-09-2011, 02:45 PM
if you read the story correctly you would understand how the incident happened. i had my 'safe' gap but the headcheck reduced it and i as i couldnt change into my preferred lane as there was a car there i had no choice but to slam on the brakes and watch as every1 else slammed on their brakes...

but cops called before and said no further action will be taken so obviously realised they dont have a leg to stand on.obviously wasn't enough gap.....
Still your fault dude.

Type R Positive
08-09-2011, 02:46 PM
and i bet you always leave enough gap to do a headcheck, and dont reply saying "i leave two seconds bla bla bla" cause if you get caught out at the wrong time even 2 secs isnt enough.Who cares? What are you trying to prove? Do you think 90LAN seriously gives a flying f@rk?

nerrrus
08-09-2011, 03:13 PM
shit happens, and no cops wont be able to charge you

90LAN
08-09-2011, 03:57 PM
Who cares? What are you trying to prove? Do you think 90LAN seriously gives a flying f@rk?

i do give a flying fark as if that was my car you ran into and gave me that bullshit story you would be seriously wishing the cop saw it
if you rear end someone, the only excuse you can give is speeding, not paying attention, driving to close, or bad judgement of error which is all of the above
ozhonda where people dont take responsiblity for their actions

redefine
08-09-2011, 04:22 PM
Who cares? What are you trying to prove? Do you think 90LAN seriously gives a flying f@rk?

imo 90lan is a wanker, which is why im posting. i dont give a shit if anyone else cares...

90lan: being unreasonably angry at someone who didnt hit his car. people make mistakes, thats reality, and ****ing them over for it is getting us nowhere fast. op never said he wouldnt pay damages/insurance excess, and charging op for it isnt going to help the other person at all... so whats the point?

ill be out if this starts turning into a flame war.

Type R Positive
08-09-2011, 05:44 PM
i do give a flying fark as if that was my car you ran into and gave me that bullshit story you would be seriously wishing the cop saw it
if you rear end someone, the only excuse you can give is speeding, not paying attention, driving to close, or bad judgement of error which is all of the above
ozhonda where people dont take responsiblity for their actionsWerd.

fmx990
14-09-2011, 04:11 PM
wow this blew up nicely.... and ill admit it was my fault, not denying that, and i've paid my excess to my insurance company. but i wasnt going to go down without a fight in regards to the careless driving charge as it was simply an accident. pretty much a wrong decision at the wrong time.. certainly learned the lesson for next time.

but hey gotta have your first accident at some point in your driving career if luck isnt on your side..

redefine
14-09-2011, 05:12 PM
and ill admit it was my fault, not denying that, and i've paid my excess to my insurance company. but i wasnt going to go down without a fight in regards to the careless driving charge as it was simply an accident.

^this

op is taking responsibility, but isnt taking to being treated unfairly. good on ya!