could I possibly at fault?

pandapaws
Posts: 3
Joined: Wed Mar 01, 2017 6:00 pm

could I possibly at fault?

Postby pandapaws » Wed Mar 01, 2017 6:07 pm

I was travelling down 2 lane road between 55 and 60 km per hour in the left lane. as I came over the crest of the hill I noticed parked cars about 100 meters ahead. I indicated and merged into the right lane in front of a truck and continued to pass two parked cars and a driveway. My car was positioned 2 thirds of the way into the right hand lane as I was planning to merge back into the left lane, to turn left up ahead.

Whilst I was passing the parked cars the truck then sped past me on the right, crossing the middle solid white line to do so. As his cab passed me his tray was dangerously close to me. His tray then smashed into my side mirror which caused me to lose control of the car and run into the side of a parked car.

The truck driver kept on driving and when he noticed that I had crashed he then stopped and pulled over. He disputes this version of events and says that I pulled out of the left lane and crashed into him which is absolutely NOT the case.

I have photos that show the exact location of the crash site which is located well beyond where I had merged, passed 2 parked cars, a drive way and 5-6 metres of curb side.

The other Insurance company is disputing liability whilst mine has already waived the excess and advised I am not at fault. I dont understand how they could dispute this as I was driving in the right lane for at least 20 -30 meters.

Can someone shed some light?

allde
Posts: 740
Joined: Sun May 13, 2012 12:46 pm

Re: could I possibly at fault?

Postby allde » Wed Mar 01, 2017 6:30 pm

Mate, You really need to get Dash Cam, they are a marvelous invention that
really save your butt in these situations.

pandapaws
Posts: 3
Joined: Wed Mar 01, 2017 6:00 pm

Re: could I possibly at fault?

Postby pandapaws » Wed Mar 01, 2017 7:05 pm

yeah, dash cam would of done wonders.

I just think that as there were 2 lanes, one with the parked car and the other with me in it, the only possible place the truck could of been at impact would be beside me...as he only hit my mirror as he cut me off with his tray.

surly if he hit me on the side, and I was next to the parked car, he must of been overtaking, then considering his size and the fact I was in a Territory, he must of been overtaking whilst crossing the solid white line.

I've been told if you have an accident whilst you are overtaking, you are always at fault.

Gravy
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Joined: Thu Mar 21, 2013 9:25 am

Re: could I possibly at fault?

Postby Gravy » Thu Mar 02, 2017 1:20 pm

pandapaws wrote:mine has already waived the excess and advised I am not at fault

Given this, I'm not sure what you're worried about. Let your insurance company deal with it. What the other driver's insurer is saying makes no difference to you.

Years ago, I was in a similar situation to you in that the other driver disputed the facts and therefore liability. I got my insurance company involved - they accepted the claim without me having to pay an excess as they held the other driver at fault. I had my car repaired and never heard another thing about it.

pandapaws
Posts: 3
Joined: Wed Mar 01, 2017 6:00 pm

Re: could I possibly at fault?

Postby pandapaws » Sat Mar 04, 2017 7:57 am

true, I was just interested in what the road rules were around a situation like this.

I got a phone call from the other Insurance company telling me that I was at fault so I thought that I would get some idea on this site as to the actual laws around it.

Thanks for your reply though. :)

Hardy
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Re: could I possibly at fault?

Postby Hardy » Sat Mar 04, 2017 5:24 pm

I got a phone call from the other Insurance company telling me that I was at fault

Of course they are going to say you are at fault - did you expect them to ring to tell you they didn't accept the version of events their insured told them?? If you think you are not at fault you could simply tell them the accident was caused by their insured and let them dwell on that.

It is not possible for anyone to determine who is at fault by adding up all the rules that each party might have breached.
A court hears both versions of events and then determines who to believe and which driver has caused the collision. Obviously if the Magistrate accepts what you say, then you will win. The road rules aren't as important as you might think. For example, even if it was unlawful for you to drive in two lanes, was this the cause of an accident or does it excuse another driver if they run into you?

If you don't want to involve your insurers, then you should consider suing the truck driver before they sue you. Else just make a claim on your policy and let them work it out. If you have an insurance policy then it would be easier for you if you just put the claim in and blame the other driver when you do that.

Gravy
Posts: 1062
Joined: Thu Mar 21, 2013 9:25 am

Re: could I possibly at fault?

Postby Gravy » Tue Mar 07, 2017 12:50 pm

pandapaws wrote:true, I was just interested in what the road rules were around a situation like this.

I understand. I know how frustrating that thought process can be as we all hope that we are not responsible for such events. We crave validation from our peers in this regard.

For what it's worth, if your version of events is accurate, my view is that the truck driver ought to have been more patient. Having said that, my advice is to be content with the fact that your insurance company holds the other driver responsible and get on with your life. Dwelling on who's responsible isn't worth the mental energy and anguish when it will ultimately amount to nothing!


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