Red Light incident - your word VS other party's word

Yellow Lights
VICtrafficlaw
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Joined: Fri Mar 06, 2020 11:42 am

Red Light incident - your word VS other party's word

Postby VICtrafficlaw » Fri Mar 06, 2020 12:04 pm

Hi I am seeking advice on the car accident with the Red light issue for a friend of mine, here is the story.

My friend was coming straight from the main road and was stopped on the Red light on the intersection, when she saw the Green light she started to take off and didn’t go very far as another car on the left-hand side was turning right and then hit her car which was total loss.

She was injured and was in shocked too hence she didn’t really get a chance to speak/interview with the polices who attended the incident and she was sitting in the Ambo. The other party said to her that he was turning right on the AMBER light before the Red light and this of course before the polices & ambulance came.

She remembered that there was a witness, a guy who dragged her out from the car but she was in shocked hence didn't take any of his detail.

Few days later, she received an Infringement Notice from the police for a fine of $413 for failing to obey the Red light. Having said that there is no Camera capture on that intersection.

She rang to make enquiry about the fine but unfortunately the police who issued the fine is currently on leave and will be back just 3 days before the due date to pay the fine. She was advised by the police who picked up the phone that he couldn’t provide her any detail in the report because he wasn’t there and he advised that there are two options: 1) contest it, 2) pay it. Also, he said that one of the party would be at fault and need to pay the fine.

My friend is seeking expert advice in regard to the fine based on the fact that she was never interviewed neither at the time of the accident (because she was being treated by the ambulance) or after the accident as she was in & out with x-rays and CT scan. Having said that the police officer made a determination based on the other party and sent her a fine notice.

The question is whether it is worth for her fighting in the court?

Cheers,

VICtrafficlaw

Hardy
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Re: Red Light incident - your word VS other party's word

Postby Hardy » Fri Mar 06, 2020 1:23 pm

She either pays it or takes it to court. Ignoring it is usually not a good idea.
The downside of paying it is that she will miss out on $413 and get 3 demerit points. I am not sure if it will impact her TAC claim for injury compensation. That depends on things that are beyond the scope of this forum. As for property damage, paying the fine is irrelevant and makes no difference at all to her claim against her insurer or her claim against the other driver. So it is worth fighting if she needs to avoid demerit points or wants vindication. If she takes it to court there is a chance the case will not proceed because the prosecutors are not confident their evidence is good enough to win.

VICtrafficlaw
Posts: 3
Joined: Fri Mar 06, 2020 11:42 am

Re: Red Light incident - your word VS other party's word

Postby VICtrafficlaw » Fri Mar 06, 2020 1:32 pm

Thanks Hardy for your advice.

Am I correct to say that if she proceed to the court, she then have to weigh up spending legal cost to save paying $400 fine. Cost vs Principle?

Hmm... what is your view on this?

Regards,
VICtrafficlaw

VICtrafficlaw
Posts: 3
Joined: Fri Mar 06, 2020 11:42 am

Re: Red Light incident - your word VS other party's word

Postby VICtrafficlaw » Fri Mar 06, 2020 3:15 pm

Also Hardy, can you please advise the estimated legal cost involved if my friend decide to take it to court?

Thanks

Hardy
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Posts: 8468
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Red Light incident - your word VS other party's word

Postby Hardy » Fri Mar 06, 2020 8:51 pm

The cost of winning a traffic case at court, if you use a barrister, is not going to be less than $4000.


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