Hi I need some advice on this car accident:
I was waiting at a stop sign to go straight ahead , crossing a lane into a turning bay (turning bay between 2 lanes) . On the turning bay opposite me there was a car waiting at the giveway sign and waiting to turn right. When the intersection was clear I went straight and she turned into me, hitting my front wheel and right door.
The police didn't attend but I reported to the station and I have a witness. The lady put a claim through (I only have third party) and her insurace is saying I am the at fault person.They say that her giveway signs was only for the traffic on the main lane not for the traffic coming from the street I was on (which was opposite her). They say That she was doing a U-turn and I had to give her way. All the road rules I read on the Queensland Transport say I am in the right and she is in the wrong. Giveway is as powerful as a stop sign when facing each other and when doing a u-turn the car has to give way to ALL traffic.
The police wrote down that he other lady was the at fault person and I put a defense claim through my insurance.
What do you think ? If I am right why would the insurance try to pin it on me ? Can they go against road rules ?? Do they just put me down as the fault driver to see if they can get away with it ?
I am so worried …
Thanks for any advice
Car Accident advice
Comments
Insurance is always going to try and wiggle out of paying if they can.
If you have a police statement saying the other party is at fault for breaking the road rules, it's pretty clear cut.The letter of the law is not up to interpretation by parties as they see fit.
All the best!The police wrote down that he other lady was the at fault person
Surely the insurance company can't overrule the police! Did the other lady file a police report?
I thought cars turning have to give way to traffic going straight…regardless of right turn/u-turn or giveway/stop sign. And how can someone doing a u-turn has right-of-way?
FYI: '
"When you are doing a U-turn, you must give way to all other vehicles and pedestrians even if other vehicles are facing a GIVE WAY or STOP sign."
Source:http://www.tmr.qld.gov.au/Safety/Queensland-road-rules/Road-rules-refresher/U-turns.aspxDon't worry too much…
Thanks, I feel a little better. I have put a claim through mine as well and they will investigate the accident. I have given the police report and witness details to my insurance company as well. I was just so shocked that the other insurance had me down as the at fault driver, I even asked to explain exactly what road rules they were consulting and they came up with a bunch of nonsense.
From what you've described it seems that she was definitely required to give way to you.
Why don't you get a copy of the police report and forward it to her insurance company? Just explain to them that her insurance company is trying to say you are at fault and if they do agree that you aren't from what you and your witness have told them, surely they will be happy to help.
Good luck!