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BobL
13th November 2010, 12:30 AM
Yesterday I was driving along minding my own business on a quiet straight 30 kph zone road when this honda sedan heading towards me starts wandering over to my side of the road. The driver looked like he was looking down at his feet and I thought, he'll look up in a second and see me and move back over. Nope - he was asleep at the wheel and headed straight for me - it was gonna be a head on crash. I slammed on the brakes and sounded the horn - he wokeup and tried to swerve away but he collected the driver side corner of my van and fairly clobber his own car. he was not scratched, I got a couple of scratches and a bump on the top of the head
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I'm fully insured but he wasn't - My Toyota van has been written off (I'd just had the wheel alignment and service done last week) and now he wants me to falsify the date of the accident because today he took out the insurance.

It turns out he works nights and looks after his 2 little kids during the day while his wife works. He admitted he didn't see me and fell asleep in front of two witnesses and I have their written statement to that effect.

What's wrong with these people ??

fubar
13th November 2010, 07:18 AM
Glad no one was hurt. short answer dont do it

jimbur
13th November 2010, 07:49 AM
Glad no one was hurt. short answer dont do it
Fully agree. These things have a habit of coming out (two witnesses you said) and conspiracy to defraud is not a pleasant thing to have on your cv.
Jim

Woodwould
13th November 2010, 07:57 AM
That's very bad luck. He's obviously struggling, but his circumstances are entirely of his own fabrication. In this situation you must look out for yourself and proceed accordingly.

jimbur
13th November 2010, 08:46 AM
That's very bad luck. He's obviously struggling, but his circumstances are entirely of his own fabrication. In this situation you must look out for yourself and proceed accordingly.
I do feel sorry for the bloke in that situation but his 'solution' is no solution at all and probably would see him in far worse trouble. He's obviously so frazzled that he's grasping at straws.
cheers,
Jim

Pops
13th November 2010, 08:56 AM
Hi Bob,

Blimey mate that was close. Just as well you had braked when you did. It could have been a whole lot worse.

Did you call the police to attend?

Cheers
Pops

Phil Spencer
13th November 2010, 09:29 AM
The only thing you can do is tell the truth and put the whole lot in the hands of your insurer, if you falsify the date of the accident, you are committing a crime and it may cost you dearly.

:)

BobL
13th November 2010, 09:32 AM
Yeah the guy is clearly struggling but what if he had fallen asleep at 100 kphr with his kids in the car, not to mention anyone else in his path.


Hi Bob,
Blimey mate that was close. Just as well you had braked when you did. It could have been a whole lot worse.
Yep - had the whole life thing flashing before my eyes moment.



Did you call the police to attend?

We phoned the cops but they did not come. Campus security attended because it blocked a major access road and they wrote a very nice report (Which I got a copy of) including documented statements from the other driver saying "I didn't see him because I was asleep"!

mic-d
13th November 2010, 10:01 AM
What the others said. Glad you're alright Bob.

Cheers
Michael

Bob38S
13th November 2010, 10:22 AM
Got to agree with all of the above - keep it short, stick to the facts [truthfully] and be thankful that it was not worse.

The major problem with all of the vans is that there is not much thin metal between the front of the van and your legs - the way that they are built today bull bars etc would perhaps be worse.

Go buy a lottery ticket.

Regards,
Bob

BobL
13th November 2010, 10:50 AM
Got to agree with all of the above - keep it short, stick to the facts [truthfully] and be thankful that it was not worse.

The major problem with all of the vans is that there is not much thin metal between the front of the van and your legs - the way that they are built today bull bars etc would perhaps be worse.

I agree there's not much between the driver and the other vehicle

The one advantage of a van is that being higher they can ride up over most sedans - but don't come off so well against 4WDs etc.


It's hard to see in that mess but he managed to hit the substantial chassis of the van which is why he has so much damage. The suspension of the van is also significantly bent.

Christos
13th November 2010, 04:14 PM
You have your answer and that is do not lie. It could have been worst. You just have to solve this problem and move onto the next.

Pops
13th November 2010, 08:15 PM
Hi Bob,

Still makes me cringe when I see those photos, you have got some lucky legs.

Similar thing happened to me years ago just after dusk, driver fell asleep in a big Statesman at 90kph, (also fullof booze), me in little Mazda, hit brakes as I went bush but he kept coming and sideswiped me from head lights to tail lights. So just missed a head on.

Point is, it was out of town and no mobile phones those days so no cops, but the insurance company would not pay as I did not have a police report and said I had to chase his insurance company. End result, I paid to fix the little Mazda, several weeks wages then. :(

So make sure your insurance company is going to cough up with just the campus security report.

All the best with the next lottory ticket you buy mate.

Cheers,
Pops

munruben
13th November 2010, 09:35 PM
Lucky you weren't seriously hurt, could have been heaps worse. Just stick to the truth and don't be party to making false statements. Hope you get paid out quickly for your van.

martrix
13th November 2010, 09:41 PM
crikey bob, you got out of that one nicely. :oo: My van was also recently written off. Currently looking at a new used Merc Vito, airbags plus the motor is out front.

BobL
14th November 2010, 11:18 AM
Cop and insurance reports are all done with correct dates. Now that I have calmed down a bit I do feel sorry for the guy especially as he is now probably going to now be done for fraud and will have a hefty fine to pay on top of his insurance debts. Being a foreigner I suspect he will probably flee the country.

Someone said to me yesterday, "are you sure he was asleep and not texting"!!!

Now that I think about it he did get out of the car holding his mobile and I was surprised that he did not swerve all that hard to miss me (ever tried steering with a mobile in your hand?)

He probably realizes that driving while using a mobile is an offence but thinks driving while asleep (fatigued) isn't??

Groggy
14th November 2010, 11:28 AM
Don't feel sorry for anyone but yourself Bob. If he fell asleep instead of having a 10 min powernap then he deserves to have the law after him. If he was texting then he deserves the same result. I reckon nearly a third of drivers need to lose their licences because of phones and sheer bad behaviour. Unfortunately speed cameras can't generate revenue from that - yet.

beer is good
14th November 2010, 07:04 PM
Hi Bob,
Glad to hear that you weren't badly hurt. I am surprised that your van will be written off - it didn't look too damaged in the photo. The scary thing about crashes (the cops don't call them "accidents" any more) is that they are so random. If you had been a minute earlier or later nothing would have happened. I think your next van should be a Western Star prime mover!! :U

Fuzzie
14th November 2010, 07:16 PM
Bob, glad you walk away with only a scratch. With a written report by campus security on record you'd be out of your mind to falsify the insurance claim, apart from it being just wrong.

BobL
14th November 2010, 10:07 PM
Bob, glad you walk away with only a scratch. With a written report by campus security on record you'd be out of your mind to falsify the insurance claim, apart from it being just wrong.

I absolutely had no intention of falsifying the reports - I was just relaying what the other driver wanted me to do. The other driver has also been hounding me all weekend with text messages asking me have I reported the accidents and what should he do. I have had to tell him to stop sending me text messages and go get proper legal advice.

Groggy
14th November 2010, 10:57 PM
The other driver has also been hounding me all weekend with text messages ...You should have replied "Don't forget to look up" :rolleyes:

BobL
14th November 2010, 11:51 PM
You should have replied "Don't forget to look up" :rolleyes:

My insurance company recommended not to provide him with any legal advice :D

artme
15th November 2010, 10:43 AM
Glad you are OK Bob! Things could have been much worse.

Sounds like the other bloke is a right drongo.

HavinaGo
15th November 2010, 01:35 PM
Bob,

Glad all people OK
Further I hope your Insurance looks after you and gets you back on the road soon.

:(
As a cyclist in Melbourne I must say I never know what other drivers are thinking and only survive using the age old rule "they're out to get me"
--- no I'm not paranoid!
:-

kiwigeo
18th November 2010, 10:42 AM
It turns out he works nights and looks after his 2 little kids during the day while his wife works. He admitted he didn't see me and fell asleep in front of two witnesses and I have their written statement to that effect.

What's wrong with these people ??

What's wrong? He didn't do a proper risk analysis before jumping in his car knowing he probably had the motor skills of a person who's technically drunk (proven in studies on shift workers).

A Duke
18th November 2010, 11:33 AM
What's wrong? He didn't do a proper risk analysis before jumping in his car knowing he probably had the motor skills of a person who's technically drunk (proven in studies on shift workers).
And people begrudge them their shift allowance.

BobL
18th November 2010, 12:03 PM
And people begrudge them their shift allowance.
In the context of this thread I don't understand this response - a shift allowance isn't going to make up for the fact that he was driving fatigued and could have killed us both.

I'm more convinced than ever that he was not tired - but texting. He works from 8 pm to 4 am and is still driving fatigued 13 hours later at 5 pm just doesn't add up. He also steps out of his vehicle immediately after the accident with a mobile in his hand?

Maybe I'll try asking him for a cut of his shift allowance to cover incidentals like;
a) My vehicle had just been serviced and the wheel alignment done ($350)
b) My vehicle has just had $70 worth of diesel put in it
c) Insurance are writing off my vehicle - ie lose a couple of grand in the change over process.
d) I've lost most of my planned weeks holiday to sort out this crap, eg driving wife to-from her work in city traffic so I can use her vehicle to drive to where my vehicle is located and remove the extras from the vehicle, looking for a replacement vehicle, and eventually re-installing extras back into replacement vehicle.

I reckon five grand would cover it :D

A Duke
18th November 2010, 01:26 PM
Sorry BobL it was not a response to the thread but just to kiwigeo's reference to proven in studies on the effects on shift workers and as you say probably has nothing to do with your case at all. It is just that when some one gets something for risking their health and every thing else by working unsociable hours people carry on like it's going to bring down the whole economy and then you see what the CEOs get.
As you say nothing to do with the thread.
Glade to see you were not injured and hope you get the insurance sorted and get mobile again soon.
Regards,

BobL
18th November 2010, 02:12 PM
Sorry BobL it was not a response to the thread but just to kiwigeo's reference to proven in studies on the effects on shift workers and as you say probably has nothing to do with your case at all. It is just that when some one gets something for risking their health and every thing else by working unsociable hours people carry on like it's going to bring down the whole economy and then you see what the GEOs get.
As you say nothing to do with the thread.
Glade to see you were not injured and hope you get the insurance sorted and get mobile again soon.
Regards,

No worries - BTW I do support shift workers getting an allowance.

kiwigeo
18th November 2010, 05:16 PM
Now that I have calmed down a bit I do feel sorry for the guy especially as he is now probably going to now be done for fraud and will have a hefty fine to pay on top of his insurance debts. Being a foreigner I suspect he will probably flee the country.



Bob, you've done the right thing. You can feel sorry for him and let him off the hook but what are the chances he'll go and kill someone next time he falls asleep at the wheel or texts on his mobile (both dangerous and stupid acts).

Cheers Martin

A Duke
18th November 2010, 05:22 PM
My apologies again I meant CEOs, if I had meant Geologists I would have said so and not GEOs.

kiwigeo
18th November 2010, 05:30 PM
My apologies again I meant CEOs, if I had meant Geologists I would have said so and not GEOs.

ROFL......no worries. I'm in full agreement with you on CEO's fat pay packets....100 times that of their workers that's not right. My post edited accordingly.

Cheers Martin

BobL
24th December 2010, 11:26 AM
Just a final sequel to this saga. The accident happened on 11 Nov, 6 weeks later (yesterday) I got the $ in my bank account, so I am at the insurance company for taking so long and won't be going with them again. Admittedly they did give me a fair payout and by adding another 40% to the payout sum I was able to pick up a reasonable replacement vehicle.

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2008 turbo diesel, with 62k kms on the clock, still has 3 months warrantee on it, and a new set of good tyres, and the mobile auto inspector gave it a "very good condition" rating. Overall it's a better deal than my previous van purchase, with the new one being slightly better cosmetically, and a fuel consumption of 8.6 v 9.6 L/100km. Also the turbo pulls on the new van like a mule compared to the old van and it's a bit quieter and more comfortable as well. Downside is lower ground clearance, so have to be more careful on bush tracks, and 50 mm taller so have to be more careful in undercover car parks.

The reason I like vans is so I can carry my chainsaw mills and woodworking gear in a big secure compartment.
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Now I have to back fit all the extras I took off the old van.

Woodwould
24th December 2010, 11:42 AM
Congratulations! :thyel:

It looks like you've already spilled some chain oil near the tailgate.

BobL
24th December 2010, 12:02 PM
Congratulations! :thyel:

It looks like you've already spilled some chain oil near the tailgate.

Cheers WW.

re: Stain, that's from washing the car with the cargo door not fully closed.

Bob38S
24th December 2010, 07:42 PM
Good to see you finally got a good result despite it taking so long.

The bar on the front at least looks substantial.

With regards the back - if you are carting gear have you considered the interlocking rubber mats {I use them on the floor in the shed and on the bench when finishing} available from the camping places and from K-Mart in avariety of colours - I only have black - easy to fit, cut to suit, replace individuals if/when necessary and should protect your gear from the floor and the floor from your gear. They come in packs of 4 or 6, approx 600mm square X 12mm thick, with or without holes and interlock with a jigsaw edge - prices vary from about $15 to $24 per pack depending where and when you buy them.

Have a good one and enjoy the vehicle.

Regards,
Bob

BobL
24th December 2010, 08:07 PM
Good to see you finally got a good result despite it taking so long.

The bar on the front at least looks substantial.
It's only ~6 mm Ally with a 1" diameter steel bar behind it connecting it to the chassis - more for show than anything else.



With regards the back - if you are carting gear have you considered the interlocking rubber mats {I use them on the floor in the shed and on the bench when finishing} .
.
.


Thanks Bob

yeah - I thought of those mats - especially for ease of installation at but I'd like the mat to hold up to a few hundred ml of CS bar oil when one of my CS leak so the mat needs to be sort of leak proof. That was a problem with the old van - it had a couple of holes in the rubber floor and if the bar oil leaked in that spot I parked the van uphill, threw in a couple of buckets of sawdust and let it soak up the oil and then hose it out - not something I want to do on a regular basis.

Bob38S
24th December 2010, 10:49 PM
.....
Thanks Bob

yeah - I thought of those mats - especially for ease of installation at but I'd like the mat to hold up to a few hundred ml of CS bar oil when one of my CS leak so the mat needs to be sort of leak proof. That was a problem with the old van - it had a couple of holes in the rubber floor and if the bar oil leaked in that spot I parked the van uphill, threw in a couple of buckets of sawdust and let it soak up the oil and then hose it out - not something I want to do on a regular basis.

Best I could suggest at this time is to check out Blackwoods or similar for their "catch" trays used under drums or pallets - from memory they come in all shapes/sizes and of course prices.

BobL
30th December 2010, 02:42 PM
Well it finally cooled down enough so I could work in the shed and do some small mods on my new van.

Here is the before shot again.
http://www.woodworkforums.com/attachments/f43/156712d1293150161-what-these-people-thinking-img_0227s.jpg

Here is the after shot.
U = Upholstered panels to reduce noise
M = Rubber mat
H = Hatchway
R = 1" square ally tube tie down rails
http://www.woodworkforums.com/attachment.php?attachmentid=157136&stc=1&d=1293680357

Here is a close up of the hatchway.
http://www.woodworkforums.com/attachment.php?attachmentid=157137&stc=1&d=1293680357
The idea with this is to have a bit more space to access while driving along. Also can carry extra long things under cover if really necessary.

Still to do, roof racks, reversing camera, and a little storage compartment I'm building into the side door step well.