Re: insurance claim

[kl85]

Hey guys, not sure if this has been asked before. My mate totalled his car a
Few days ago in the wet weather
And has resulted in a statutory write off. The police came and charged him with reckless driving and he has to appear in magistrate court. He hasn't gotten any summons or charge via mail nor did he see a letter at the accident site.just wondering has any one been charged with reckless driving and been able to claim from a comprehensive insurance?

[azn_k3nt]

Wet weather??? how wet???

If his charged, then no the insurance will not pay out. I dont think. Ask yourself why would insurance pay out for stupidity when the cops bust you or ur friend for this instance.

[supanoodle]

hey i work at aami ,
it really depends what charge it is , if its for reckless driving , but not done on purpose, then they may accept the claim , but azn_k3nt is pretty right tho , its pretty rare that the claim will go through and has to go to court. He still can lodge a claim tho and if its rejected , it shouldnt affect his policy.

[kl85]

Erm is it possible to get a unintentional reckless driving charge? He was alone in the car and wasn't really racing any one, police claim and just assumed he was recklessly driving even after he said no comments about his driving, he said it was drizzling a little and his car just kicked out of control, police is gonna slap him with doing 70 in a 60 zone, is that called reckless? No one was hurt or any cars/house damaged. He's just really anxious everyday haha, just trying to help him relieve some stress. I asked an ex police for 15 years, he said comprehensive insurance are there to help us if we make a mistake, I'm not sure how sure he is, but he seems to know his stuff. Just want to know if anyone has had Any hands on experience with such accidents and what they have to go through to get their claim accepted or denied.

[rubixcube]

How can the police slap him with doing 70 in a 60 zone when they weren't there? All he has to say is "prove it" which they can't do. IMO skidding out in the wet (accidentally) is not 'reckless driving'. People lose control of their cars in much more dangerous situations and don't get charged for it, so why should he?

[mugen_ctr]

If it was wet weather, cant u just justify the accident based on the weather? obvious when raining, the car behaves differently, but besides that, theres other factors as well, the road, speed, tires, and driver factor as well.

It is kinda hard to know for sure, what ur mate did, or how, cause no one will know for sure, no witnesses or without knowing what the road or conditions are, too many variables to say so, but basically its his word against the courts. Odds are he will prbs get let off cause of the bad weather situation, if he plays his cards right and get a good solicitor.

[Type R Positive]

You'll be surprised at how many cases get thrown out or do not even make it to court anyway.

Your mate should make the claim and go from there.

[kl85]

Hmm okay thanks guys.. He has yet to receive the fine/summons/charge yet.. Hopefully it comes soon so it can give him a peace of mind.. What he told me was the police sAid the following:
Popo: do you think you we recklessly driving?
Victim: no comments
Popo:why are you recklessly driving?
Victim: no comments, urm, I dunno.
Hopefully those popos got lazy and decided to eat more donuts and not write up the charge or something. Sorry if there's any officers here, but you guys just love donuts don't deny it.

[Twest]

If he just answered with
No, No I was not recklessly driving and continued to say he wasn't they would've walked away without any fine.
If a police officer doesn't have proof of something i.e from second officer in the car or camera recording he can't book
you on suspicion...unless he is highway patrol...They can book you for breathing too vigorously.