Accident on Single Lane Street - Who's At Fault?

LLO on 14/06/2019 - 21:39
Last edited 15/06/2019 - 10:05 by 1 other user

Diagram of Accident
Google Street View

Dear all,

Can I request for your opinion, please?

I was involved in an accident. Please see attached diagram. I am car “A”, another vehicle involved in an accident is car “C”. If I describe properly, it is a single lane street with 50-speed limit (please find attached real picture of the street).

I was parked in a roadside parking bay. I was about to leave, another car behind me put the blinker on and waiting for me to leave to take a spot. I put blinker on, checked shoulder, as it was a single lane road and another car was waiting behind me, road was clear for me to depart, as soon as departed, front of my car was on road and back was still in parking bay, car “C” behind of waiting car “B”, crossed solid double lane, overtake from opposite direction of road and tried to merge in a traffic, collided with my car at front. After collided with me, he ran away. I have a witness to this accident. We have captured the registration number of car “C”.

Let me make it clear that it was fine weather condition, daylight, light traffic. Not sure how can I add pictures here.

Can you please tell me who is in fault?

Many thanks in advance.

Automotive

Comments

  • elgrande on 14/06/2019 - 21:40

    No attachment

    • LO on 14/06/2019 - 22:04

      Can you please check if above links are working with picture and drawing?

  • LO on 14/06/2019 - 21:41

    Not able to figure out how can i attach?

  • Godric on 14/06/2019 - 21:49
    +7

    MS Diagram required for Ozbargain Accident assessors

    • LO on 14/06/2019 - 22:04

      Can you please check if above links are working with picture and drawing?

      • Godric on 14/06/2019 - 22:35

        The links are linked

  • Unorthodox on 14/06/2019 - 21:55
    +4

    You make it sound like C was definitely in the wrong. (I'm not fully sure your story is free of bias because you seem to detail quite carefully what you did right and what they did wrong).

    In this instance, you would report them for hit and run - get the police statement response and lodge with your insurance. No excess because you are not at fault and they will chase up the other party.

    • LO on 14/06/2019 - 22:05

      Can you please check if above links are working with picture and drawing?

      • Unorthodox on 14/06/2019 - 22:11

        Yes 100% the other party is at fault.

        I stand by my advice - lodge police report for hit and run. Go to insurance and let them chase it up.

    • resubaehtgnolhcs on 14/06/2019 - 22:54

      In NSW, insurance will not chase the offending party unless you can give them details such as name, DL number, address, phone etc. Police may help by giving you some of this detail, but YMMV here, as they are not obliged to divulge details. Police may also go to the address of the registered owner of of the car (as you have their license pate) and do a bit of questioning, but again YMMV here. Good luck - worst case scenario you are out of pocket for your excess (assuming you have comprehensive insurance).

      • LO on 15/06/2019 - 01:28

        Yes I have comprehensive insurance, Thanks

  • LO on 14/06/2019 - 22:04

    Can you please check if above links are working with picture and drawing?

    • [Deactivated] on 14/06/2019 - 22:25

      Yes the links are working.

  • No Username on 14/06/2019 - 22:14
    +5

    Car C is at fault for crossing the double white lines.

  • qwerty on 14/06/2019 - 22:17

    It depends if he clipped you on the right side or you rear ended him when he cut in front illegally.

    Just because he did an illegal act his insurance will claim that you also didnt follow road rules since you didnt give way when merging from a parking space.

    Also it depends where on the street it happened because your photo shows one area towards the end towards a roundabout where it would be double unbroken but it probably isnt like that the whole way .

  • AdosHouse on 14/06/2019 - 22:40
    +1

    OP, file a police report and hand over witnesses details. Do this sooner rather than later.

    I would say other car is at fault, but insurance companies can be weird.

    Do you have comprehensive insurance? If so, make a claim on it now. And when the police generate a case number, provide that to the insurance company.

    • LO on 15/06/2019 - 01:35

      Yes I have comprehensive insurance, Thanks

  • Euphemistic on 15/06/2019 - 06:38
    +7

    Pedant mode on: not a single lane road. It is actually a ‘two lane, two way’ road. A single lane rod can only fit one car in one direction on it. End Pedant.

    Lodge a report, get the other vehicle details, lodge a claim and hope the insurance co don’t want you to pay the excess. You don’t look to be at fault.

  • WreckTangle on 15/06/2019 - 09:31

    Looks like you're not at fault OP

  • Melb69 on 15/06/2019 - 09:42

    These scenarios happen all the time where someone wants a spot waits and the car behind that one isn't patient enough to wait. The rear driver crossed double lines, then drove off. Just give insurance your details and the witness info and licence plate. Report to police. Use your MS pics. Just annoying now as you car will be off for repairs.

  • Davo1111 on 15/06/2019 - 09:46
    +2

    The outcomes here:

    1. you're at fault, you pay the excess
    2. you're not at fault, driver ran off, you pay the excess

    either way, report hit and run, pay the excess.

    • AdosHouse on 15/06/2019 - 21:38

      Scenario two isn't right. They have car C's number plate and witness, they can be done for failing to stop and provide details at an accident, whatever that is called.

      • Davo1111 on 15/06/2019 - 22:30
        +1

        Most insurance companies still require the excess to be paid. And they won't refund it if you can't name the driver

        AAmi comp pds

        An incident where we agree the driver
        of your car was not at fault but you
        cannot give us the name and address
        of the other driver and the registration
        number of the other vehicle

        Yes, excess will apply

        • AdosHouse on 15/06/2019 - 22:48

          Yes quite likely OP will have to pay the excess, but can get it back. With the police report, they will find who the driver is and that info can be passed to the insurance company.

          • Davo1111 on 15/06/2019 - 23:27

            @AdosHouse: That's not what the pds says

            • AdosHouse on 16/06/2019 - 10:57

              @Davo1111: If the police identify the driver, then he will have satisfied the conditions as listed on the PDS. Drivers name, address, and rego.

              • resubaehtgnolhcs on 16/06/2019 - 11:32

                @AdosHouse: the driver doesn't always mean the registered owner (which is who the police would be able to identify)

                • AdosHouse on 16/06/2019 - 12:12

                  @resubaehtgnolhcs: I'm fairly sure the registered owner would need to nominate a driver or they are going to cop the fines. Same as getting a fine in the mail.

                  • Davo1111 on 16/06/2019 - 13:22

                    @AdosHouse: The driver gets a maximum 2k fine, unless they can satisfy the court they do not know who the driver was.

                    http://www.geoffharrison.com.au/blog/not-disclose-identity-o…

                    Also, just because the police have the details of the RO, doesnt mean they will give you the details.

                    • AdosHouse on 16/06/2019 - 13:26

                      @Davo1111: No they won't give the details to OP, but they will put it in the police report, and insurance companies have access to the reports.

                      Just like when my brother borrowed my car and got t-boned by some L-plater with a drunk instructor, they refused to give us the driver details, so we informed the cops, they gave us the report number and I provided that to my insurance and they sorted it out.

  • Ughhh on 15/06/2019 - 11:25

    Regardless who's at fault. Car c must've been hit with the stupid stick at birth. Probably never crossed his her mind why B is stationary with blinker on.

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