help! who's fault

moonstruck
Posts: 4
Joined: Fri Aug 10, 2012 2:38 pm

help! who's fault

Postby moonstruck » Fri Aug 10, 2012 3:49 pm

hi there~

i had a accent with another car, he was on my right front, and making the left turn into the drive way of his building.

it was a small road, just one lane each direction ( no middle line separate the road) he was in the right side of road, which is the opposite direction of the road,i thought he was going turn right or something, h and suddenly make the left turn. i could not see his back indicator as he was on my right, when the time i saw the indicator it was his front indicator and he was already turned in front of me, i tried to stop but too late~

the hit is between my left front wheel and his left front door.

he was yelling at me, and called out one of his neighbor saying that they both saw i hit him, i feel they try to set me up and called policy. the policy decided it was just accident as i did not speed ( 20km speed limit, no break line on the road) i didn't drunk, i did not do anything illegal. it's up to the insurance company to decide the faults party.

the next day, the driver called me saying that his neighbor ( now became his witness) saw i making phone calls and hit him, it was a lie, i did not making phone calls, even if i did, my car has internal blue tooth! then the following day, his got a panel shop guy call me to pay for his damage as i hit him at a intersection. which was a lie either, there was not intersection at all, it just a small road, he was just try to turn into his home that's all.
he just did not seeing me before he turn, he did not do the side check, as i was in his blind area. and he doesn't have a insurance.

i think it was his fault, as he did the unsafely turn and hit me.

please help me !!

thanks

luna

Boki
Posts: 918
Joined: Wed Nov 09, 2011 3:52 pm

Re: help! who's fault

Postby Boki » Fri Aug 10, 2012 4:12 pm

The problem for you is that there was only one lane, you need to be careful when travelling in one lane with other cars.

If you don't have enough experience with situations like this then some people may take advantage of you.

moonstruck wrote: i feel they try to set me up and called policy. the policy decided it was just accident as i did not speed

Do you mean "police"??

moonstruck
Posts: 4
Joined: Fri Aug 10, 2012 2:38 pm

Re: help! who's fault

Postby moonstruck » Fri Aug 10, 2012 4:52 pm

yes, police~

i feel i been set up, and they were very rude ( both the driver and the neighbor) and called police

i just want to find out normally in this situation, by the traffic rule it's his fault or mine~

thanks ~~

luna~

rustyone
Posts: 517
Joined: Thu Nov 10, 2011 10:04 pm

Re: help! who's fault

Postby rustyone » Fri Aug 10, 2012 7:01 pm

sorry the short answer is both of you. have your insurance company deal with him.

Hardy
Site Admin
Posts: 8461
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: help! who's fault

Postby Hardy » Fri Aug 10, 2012 11:57 pm

Sounds like you are at fault. You have not provided any info that shows the other driver has done anything wrong.
You should ask your insurer to carry the can.

moonstruck
Posts: 4
Joined: Fri Aug 10, 2012 2:38 pm

Re: help! who's fault

Postby moonstruck » Mon Aug 13, 2012 4:08 pm

i did some research about it, before he make the left turn or move to the left, he should do the the side check and make sure it safe to turn before he turned.

which obviously he didn't , as i was in his blind area.

so is this still my fault that this accident happened

Alison
Posts: 141
Joined: Wed Aug 18, 2010 2:19 pm

Re: help! who's fault

Postby Alison » Mon Aug 13, 2012 8:48 pm

Do you mean you hit with your right front wheel and their left front door? Or am I missing something here?

I gather you mean you were both travelling in the same direction on a single laned road as opposed to a one way street, and you claim they moved into opposite side of the road before before swinging left? If this is the case you may have difficult proving that they were travelling in the wrong lane. It would be helpful if you had photos.

I'm no expert but yes, they should've checked before they turned, but I assume they thought there was no-one behind them.

Boki
Posts: 918
Joined: Wed Nov 09, 2011 3:52 pm

Re: help! who's fault

Postby Boki » Mon Aug 13, 2012 9:19 pm

:shock: You are all nuts.

Day
Posts: 1604
Joined: Wed Mar 19, 2008 4:51 pm

Re: help! who's fault

Postby Day » Mon Aug 13, 2012 10:28 pm

moonstruck wrote:
it was a small road, just one lane each direction ( no middle line separate the road) he was in the right side of road, which is the opposite direction of the road,i thought he was going turn right or something, h and suddenly make the left turn. i could not see his back indicator as he was on my right, when the time i saw the indicator it was his front indicator and he was already turned in front of me, i tried to stop but too late~

luna


So you went to overtake on the left, and they were not indicating that they were turning right? Have a look at road rule 141(1)(b)

141 No overtaking etc. to the left of a vehicle

(1) A driver (except the rider of a bicycle) must not overtake a vehicle to the left of the vehicle unless—

(a)  the driver is driving on a multi-lane road and the vehicle can be safely overtaken in a marked lane to the left of the vehicle; or

(b)  the vehicle is turning right, or making a U-turn from the centre of the road, and is giving a right change of direction signal; or

 (c) the vehicle is stationary and it is safe to overtake to the left of the vehicle.

Source: http://www.legislation.vic.gov.au/Domin ... orised.pdf

So, it wasn't a multi lane road, so (a) is out. They were not indicating right so (b) is out. You didn't say he was stopped, so was it safe to overtake on the left?



 

Hardy
Site Admin
Posts: 8461
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: help! who's fault

Postby Hardy » Mon Aug 13, 2012 11:11 pm

as i was in his blind area.


There you have it.
WTF were you doing driving in someone's blind spot? When was the last time you checked your blind spot for someone sneeking up the inside before you've done a left turn? You say you thought he was going to turn right, but you never saw a right indicator. If someone in front of you is going slow, you are required to indicate and overtake on the right if you want to go past.

Boki
Posts: 918
Joined: Wed Nov 09, 2011 3:52 pm

Re: help! who's fault

Postby Boki » Mon Aug 13, 2012 11:19 pm

Insurance is essential for people such as the OP.

I still don't know why people go to the trouble and stress themselves over an incident when they have insurance.

You pay them so that they deal with the stress, not you.

moonstruck
Posts: 4
Joined: Fri Aug 10, 2012 2:38 pm

Re: help! who's fault

Postby moonstruck » Tue Aug 14, 2012 3:27 pm

well, I've gave everything to insurance already,

i didn't over take him at all, he was on my right which was the opposite side of the road and slow down

he made the careless turn without check from the other side of the road, and i suppose to predicted that would happen

if that's the rule, then that the rule

Boki
Posts: 918
Joined: Wed Nov 09, 2011 3:52 pm

Re: help! who's fault

Postby Boki » Tue Aug 14, 2012 3:49 pm

moonstruck wrote:i didn't over take him at all,


Really? So you had no reason for your car to be half way up on the left hand side of his?

Even if you weren't overtaking there is no reason for you to be beside a car on the left hand side in a single and unmarked line.

Hardy
Site Admin
Posts: 8461
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: help! who's fault

Postby Hardy » Tue Aug 14, 2012 3:59 pm

Back in the old days when insurance companies took your excess and processed your claim, things were simple. Now that insurers are offering to waive the $500 excess if you can bullshit your way out of accepting liability people end up giving the insurers skewed versions of reality. The insurers are making a rod for their own back, because they then rely on these unreliable accounts to commence court proceedings against the other party. And if they are relying on dodgy witness statements they will lose in court and suffer legal costs that make the excess look insignificant.

Boki
Posts: 918
Joined: Wed Nov 09, 2011 3:52 pm

Re: help! who's fault

Postby Boki » Tue Aug 14, 2012 4:20 pm

Hardy wrote:Now that insurers are offering to waive the $500 excess if you can bullshit your way out of accepting liability people end up giving the insurers skewed versions of reality.


Spot on again Hardy. I have never taken out insurance but have probably had more incidents than most people with insurance (none of which I was liable for). I remember an specifically when I was dealing with an old lady - the first question her insurance company (RACV) asked her while she was making a claim - "Was there any witnesses in the other person's car?" she replied "Yes". And it was from then on, that it was all smooth sailing with cashing in beans.

So not only are they enticing people to reject liability in order to save their excess/driver rating but if they can get out of it by the way of dodgy dealings - they won't hesitate at all. I should bring an ACA crew with me and make a segment about it 8)

Day
Posts: 1604
Joined: Wed Mar 19, 2008 4:51 pm

Re: help! who's fault

Postby Day » Tue Aug 14, 2012 5:33 pm

moonstruck wrote:
i didn't over take him at all, he was on my right which was the opposite side of the road and slow down


If they are slowing down, they are still moving. If you pass something you are overtaking it. If you are passing them on the left and they are not indicating that they are turning right, then you only have yourself to blame.


Return to “Insurance”

Who is online

Users browsing this forum: No registered users and 1 guest