Other Party Insurance Says It Is My Fault, I Do Not Think It Is. Please Advise

Lbunkr on 29/04/2020 - 13:59
Last edited 13/05/2020 - 16:03

Edit 3: Thank you guys. The other party's insurance resolved the case in my favour. I had asked for a review of their original decision. I got a call today morning. Thanks heaps

I was recently involved in a car accident. I have a 3rd party insurance.

I do no believe it is my fault, and hence my insurance company told me to deal directly with other driver's insurance company. I submitted my version and diagram letter and the dashcam footage.

My version:

  1. I was turning right on green arrow from Great Western Highway into Cumberland Highway.
  2. Other vehicle was travelling on Great Western Highway in opposite direction to me. It was intending to turn left into Cumberland Highway.
  3. Other vehicle had to obey the traffic sign "Turn Left at any time with care" and had to give way.
  4. I had the right of the way into Cumberland Highway. However, the other vehicle did not stop and crashed into my car.
  5. The front right side of the other vehicle crashed into the front left side of my car.

https://imgur.com/a/Ui0OqQk
I am Car A in above diagram.

Now the other party's insurance has come back to me and tells me that they think I am at fault - when I do not think I am.

This is my first rodeo and I do not know what to do. My question to you fine gentlemen and ladies is:
1) Do you think I am at fault
2) How do I approach this? Do I stand firm with other party's insurance that I do not agree. Will I need to file a claim through the court (if you agree with my view that I am not at fault).

PS: I have the video footage, not sure if I can share the youtube link here, given it is an ongoing matter.

Edit: The video https://www.youtube.com/watch?v=zSjTJfxkmas

Edit 2: Thank you all for your helpful comments and suggestions, specially on how to deal with this situation. I will have a chat with other party's insurance and see if we can resolve it amicably. If not, I will take up the escalation mechanism suggested by many of you, including either going to AFCa or going to the court of law.

Automotive Car Insurance Insurance

Comments

  • Kranbone on 29/04/2020 - 18:47

    If what you are saying is true and factual, then the other party is at fault. I'd provide all the information you have given us to the other insurer (with exception to the dash cam). Don't provide this just yet.

    Explain you're trying to retrieve the data and will try to do so, however based on the evidence provided it's clear the other party turned when not safe to do.

    The recording you have is your leverage (they may call it bluff). In the mean time get quotes from 3 different places to have your car repaired. Explain to the other insurer that you want your car repaired correctly and you want to resolve this fairly but if it takes longer you will also need to recoup additional costs (hire car, etc…)

    There are 3 outcomes here

    A// insurer calls your bluff on the dash cam video, you submit it and they then have to retract, they will also need to repair your car despite you having 3rd party as their client's at fault. << most likely scenario
    B// insurer looks at all the evidence, re-assess the situation and comes to the conclusion their clients at fault << plausable
    C// insurer denies all logic and evidence provided, << unlikely (if this happens you can deal with an ombudsmen or an internal team further.)

    TL;DR you're not at fault, insurers are nasty and difficult to deal with. Use every advantage you have but also try to balance this with getting your car repaired.

    • [Deactivated] on 29/04/2020 - 18:54
      +1

      If the insurer chooses option B or C, pls name and shame.

  • Vote for Pedro on 29/04/2020 - 18:49
    +1

    So if their insurance is alleging you are at fault, your insurance will have to get involved in the 3rd party property context. Would they not?

    • BinaryPirate on 30/04/2020 - 08:38
      -2

      Third party doesn't cover property. For that you need to take out a Third Party Property, Fire & Theft policy

      • tomleonhart on 30/04/2020 - 08:43
        +3

        lol what crack are you smoking ?

        • BinaryPirate on 30/04/2020 - 11:40

          https://www.sira.nsw.gov.au/insurance-coverage/CTP-insurance…

          Who it covers
          You, your passengers or pillion passenger
          Anyone else driving or riding your vehicle
          The drivers, riders and passengers of other vehicles injured by your vehicle
          Other road users, including cyclists and pedestrians, injured by your vehicle
          If a person dies as a result of the accident, close relatives may also be able to claim some expenses.

          Drivers who are charged with a serious driving offence in relations to the accident will not be able to claim benefits.

          What it doesn’t cover
          Green Slips don’t cover the cost of damaged vehicles or property.

          • tomleonhart on 30/04/2020 - 11:54
            +2

            @BinaryPirate: you didn't answer the question lol. Judging by what you pasted, it makes me want some of what you're smoking even more.

      • Soothsayer on 30/04/2020 - 12:29
        +1

        It's pretty obvious from all the contextual clues that literally everyone in this thread besides yourself is referring to TPP.

  • kerfuffle on 29/04/2020 - 19:57

    Surprised no one's picked up on the fact that the OP joined OzBargain purely to post yet another car insurance thread

    • bunkr on 29/04/2020 - 20:44

      I have been lazy in not creating and account. But have been visiting here for couple of yrs…

      • BinaryPirate on 29/04/2020 - 21:31

        You're in no way at fault.
        Get your three quotes for repairs & tell them you want it back exactly as it was two seconds before the impact.
        No need to mention court unless they refuse to pay.

    • Caped Baldy on 29/04/2020 - 20:58
      +3

      OP seems good. They had some form of insurance and provided a really clear and concise description of events. They only lack the confidence to back themselves.

    • [Deactivated] on 30/04/2020 - 14:29

      I never understood the fuss about new accounts anyway.

  • [Deactivated] on 29/04/2020 - 20:09

    Firstly, change your insurance providers. They seem useless. Based on your diagram you are not at fault. If anything car B shouldnt merge straight to lane 2.

    • ankor on 29/04/2020 - 20:27

      mate, it's a third party policy. The insurer won't do jack because that's a part of the agreement made with the OP.

      • oz-eh on 30/04/2020 - 12:09
        +2

        not all of them are the same. I had third party fire and theft insurance with NRMA and was involved with a not at fault accident and I still can lodge a claim with NRMA.

  • ankor on 29/04/2020 - 20:32
    -3

    The other driver is at fault. However, it is possible that you may have contributed to the accident so it might not be a full 100% recovery against the other driver.

    When I was in insurance recoveries, we used to look at each driver's version of events, the accident damage images and then submit offers to each other to try and reduce our liability / enlarge our recovery.

    • BinaryPirate on 29/04/2020 - 21:18
      +6

      OP in no way contributed to the collision. Being the second party in an accident does not make the driver at all responsible.

      Firstly, OP has RoW.
      Secondly, from a RH lane, turning across an intersection, a driver can go into either of the first two lanes - in this case that's centre & RH.
      Turning left from a "With care" sign, a driver can only go into the LH lane & only if doing so will not cause a collision.

      Other driver is 100% at fault.

      • ankor on 30/04/2020 - 19:03
        +1

        It's not as clear cut as you say. I've been in discussions about exactly this type of accident while in recoveries and we have been able to reduce that 100% liability claim on behalf of our B.

        In practice, the amount of the repairs to A might be so minimal that we would roll on that and accept 100% liability just so we can move on to the bigger claims.

        I hope A gets full recovery btw.

    • Gumster on 30/04/2020 - 12:25

      Green light gives him right away to proceed car B has to give way.

  • [Deactivated] on 29/04/2020 - 20:38
    +24

    I FOUND THE YOUTUBE VIDEO
    P.s sorry OP, but you can hire me as a detective if you'd like.

    https://www.youtube.com/watch?v=zSjTJfxkmas

    • bunkr on 29/04/2020 - 20:43
      +3

      I would love to learn how you found my video 🤣

      • Samsungnote10 on 29/04/2020 - 20:45

        So this happens in September last year?

        • bunkr on 29/04/2020 - 20:46

          I did not set the date on it right.

          • [Deactivated] on 29/04/2020 - 20:48
            +10

            @bunkr: I typed in "Dash Cam" then used youtube filters to search for videos that had very few views.

            Looked through the thumbnails for a similar video to your bloody fantastic diagram provided… would of been harder if you did a crappy MS paint one lol.

          • Caped Baldy on 29/04/2020 - 20:55
            +1

            @bunkr: Hey, it has your name on it. Might be wise to remove if you're worried about that stuff

      • Save 50 Cent on 30/04/2020 - 00:08

        It is called “working from home”.

      • [Deactivated] on 29/04/2020 - 21:09
        +25

        Op still in right, they are allowed to turn into left lane.
        Silver car had to give way in all circumstances.

          • BinaryPirate on 29/04/2020 - 21:26
            +11

            @pegaxs: Any chance you're a referee or umpire for some form of sportsball?
            Your eyesight's (profanity) terrible.

              • BinaryPirate on 29/04/2020 - 21:49
                +3

                @pegaxs: From a RH lane, turning across an intersection, a driver can go into either of the first two lanes - in this case that's middle & RH.
                Turning left from a "With care" sign, a driver can only go into the LH lane & only if doing so will not cause a collision.

                OP is fine. The muppet in the silver car is 100% in the wrong.

                • pegaxs on 29/04/2020 - 22:00
                  -4

                  @BinaryPirate:

                  From a RH lane, turning across an intersection, a driver can go into either of the first two lanes

                  Is that what the legislation says??? Please post where it says "first two lanes"… but anyway, until then, let's play "your rules";

                  OP clearly enters a significant portion of their vehicle into the left most (or "3rd") lane and under "your" version of the road rules (first two lanes) OP cannot enter this third lane without giving way and indicating.

                  The two cars collide inside that 3rd lane, albeit by only a small part, but never the less, in that 3rd lane that you said OP cannot enter. Silver car driver WAS in their lane…

                  So, the way I see it, OP is a muppet AND silver car driver is a muppet.

                  • jorf on 30/04/2020 - 10:02
                    +2

                    @pegaxs: You're wrong. The car entering the road from the slip lane is required to give way. The silver car was still entering the road, therefore their requirement to give way to ALL traffic is absolute. There is no other intepretation.

              • Piranha2004 on 30/04/2020 - 10:25
                +2

                @pegaxs: Except that the OP hadnt finished making the turn since the car is not straightened up yet. Just because they were partially in one lane during the turn doesnt mean that is the lane they have chosen to move into. Given the collision happened part way through the turn we will never know which lane the OP intended to take. Other car 100% at fault for not being patient enough.

          • [Deactivated] on 29/04/2020 - 21:37

            @pegaxs: https://www.ozbargain.com.au/node/437997#comment-6951020

            You feel very strongly about this matter pegaxs, who hurt you? :P

            [Deactivated] on 29/04/2020 - 21:37 (Collapsed - Offtopic. Show)
          • aboogee on 29/04/2020 - 22:28
            +1

            @pegaxs: I’m gonna admit I was looking for someone to say this
            Also, given the speed of all the cars, felt like it could have been avoided if OP was more careful. The saying of I have right of way and hence don’t care is one of the things driving instructors tell you not to take for granted as people will make mistake.

            • pegaxs on 30/04/2020 - 01:07
              -6

              @aboogee: I’m not taking sides here, I’m just being the devil’s advocate (and that offends a lot of the feeble minded simpletons). I’m only trying to say that there is a possibility that OP is partially to blame due to the fact that it is clearly visible in the footage that OP entered into the silver cars lane.

              The issue that all the bogan dead beats and window lickers have here is that they all cling to this “right of way” when it doesn’t exist in our road rules. There is the “obligation to give way” that neither driver practiced here.

              OP entered the silver car’s lane without giving way and indicating, and the silver car tried to jump straight to the middle lane without giving way to the car that was already in that lane.

              Ergo, OP and silver car driver are both idiot drivers for both failing to “give way”.

              • Speckled Jim on 30/04/2020 - 09:08
                +3

                @pegaxs:

                OP entered into the silver cars lane

                Impossible. The silver Falcon is at a broken line, in other words, a Give Way. They aren't even entitled to a lane until they give way to all traffic on Cumberland Hwy and a safe gap presents itself.

                Silver Falcon came straight out, like it was going for the middle or right lane. A tad early.

                • pegaxs on 30/04/2020 - 09:52
                  -4

                  @Speckled Jim:

                  Impossible

                  FTFY.

                  OP entered the MIDDLE lane.
                  At this point, Silver car needs to give way to enter the LEFT most lane (not middle or far right lane at this point).
                  OP then started to enter LEFT most lane without giving way to a car already in it
                  Silver car then tried to enter middle lane without giving way to the car already in it.
                  OP and Silver car collided inside leftmost lane.

                  Ergo: Both drivers are idiots for not giving way

                  People are getting so bent out of shape and butt hurt because they think I am suggesting that OP is at fault and the silver car is not. What I am saying is that BOTH are at fault. BOTH failed to give way.

                  PS: "The silver Falcon"… Come on! That's a Camry. The patron saint of OzBargain Automotive forum. Did you even watch the video?

                  • Speckled Jim on 30/04/2020 - 10:08
                    +2

                    @pegaxs: Sorry mate but if I have a green and you're at a Give Way, you're taking a punt by failing to give way whether you're in a Camry, Falcon or anything.

                    The lane I turn into has nothing to do with you. You're patiently waiting behind the broken line for a safe gap to enter by giving way.

                    Unless you're not, in which case we crash.

                    If this goes to court, the driver who failed to give way would lose on all counts, including a fine for failing to give way. Their insurance company would never allow that because they know their client is farked.

                    • pegaxs on 30/04/2020 - 12:02
                      -2

                      @Speckled Jim: Sorry, "mate", but your green light in this stops existing once you enter the new road and into the middle lane. You cannot then stuff half your car in an other lane after the turn and say "but I had a green light." If you are changing lanes, or attempting to change lanes, you need to give way to cars ALREADY in that lane.

                      The Silver car does NOT need to give way to a car in the middle lane if the silver car is pulling into left most lane.

                      The problem here, that soooo many people are failing to see, and I'm just pointing out a possible alternative (that some of the poor, easily offended snow flakes don't like), is that OP and the silver car collided in the silver car's lane, NOT in the middle lane. So, OP failed to give way while changing lanes AND silver car failed to give way moving to the middle lane.

                      Fact is, OP and silver car come together in silver cars lane.

                      Ergo, BOTH drivers failed to give way.

                      To put it another way, If I had the green light and in the right most lane, and you were going to pull into the left most lane, do you need to give way to me? Now, lets say, I was in the middle lane and you wanted to go into the left that is clear, still need to give way? Let's say I was in the middle lane and the left lane is clear, you pull into the "clear" left lane and I suddenly decided to move, without warning, into your lane?…

                  • jorf on 30/04/2020 - 10:26
                    +3

                    @pegaxs:

                    At this point, Silver car needs to give way to enter the LEFT most lane (not middle or far right lane at this point).

                    No. The silver car needs to give way to all traffic. They are entering a roadway from a slip lane. They have absolutely no right of way under any circumstances. Until they have completed the turn and are fully in a lane, they must give way to all other traffic.

                    This is basic road rules and anyone who doesn't understand this should not be driving.

                    • pegaxs on 30/04/2020 - 11:56
                      -3

                      @jorf: No, the silver car needs to give way to traffic in the lane they are entering. There were no cars in that left most lane until OP crossed over into it.

                      OP cannot enter the left most lane without giving way and indicating (as they turned into the MIDDLE lane)

                      Ergo, NEITHER drive gave way. Other car tried to enter OP lane, OP tried to enter the silver cars lane. Both are at fault. Both are idiots.

                      I don't know who are the bigger idiots, these two driving like morons or the people replying in this thread with "right of way" comments or just absolving OP when the footage clearly shows OP attempt at changing lanes without indicating OR giving way to a car already in that lane.

                      • jorf on 30/04/2020 - 12:48
                        +2

                        @pegaxs: Once again, you are completely wrong.

                        The driver entering the road from the slip lane had to give way to everyone. The OP's road exists prior to the slip lane entry, as it does on every road, so his traffic takes precedence over a slip lane entry under all circumstances.

                        If the OP had come through from the straight direction and had changed lane around the point where the slip lane was, the silver car would STILL have had to give way as they have absolutely no right of way until they are completely on the road and inside a lane, which they were not even close to.

                        Stop arguing and calling the people who actually understand this stupid.

                        • pegaxs on 30/04/2020 - 14:13
                          -4

                          @jorf:

                          The driver entering the road from the slip lane had to give way to everyone

                          You see, that's where you are wrong. They don't have to give way to cars that are 3 lanes away. They have to give way to any cars in the lane they wish to enter. They thought the lane was clear and free to enter and then OP stuffs 1/2 their car over the line. (Something OP cant do, green light or not.)

                          OP crossed over into the silver cars lane. Changing lanes is also something you cant do without giving way AND indicating. You see, OP had the obligation to give way once they picked the middle lane as their preferred lane. Once they go to change out of that middle lane, say, into the next left hand lane, OP needs to give way to any car in that lane (and indicate)…

                          Stop arguing and calling the people who actually understand this stupid.

                          No and no. If you think that it is cut and dried, you are obviously missing the point. BOTH cars did the wrong thing here. BOTH of these drivers were idiots for driving like they did. They BOTH broke road rules, ergo, they are BOTH at fault. And if you cant even look at this objectively and see that it's not as simple as what you are suggesting, then I suggest that you don't understand what has happened here (along with a majority of the "right of way" morons").

                          I am the only one here looking at it from a different reference point to offer a counter point while all the cucks on here just blindly sip down the soy milk and agree so they can circle jerk each other with fake, imaginary internet points. Makes me wonder where all the "contributory negligence" parrots are…

                          Anyway, I've said all I can say to you. If you aren't going to bring any new info to the table, I'm just not interested. You're talking around in circles and not actually offering any "facts".

                          Fact is, OP went to change lanes without giving way (can see this in the video and on the screen shots I posted), silver car tried to change lanes without giving way (can see this on the video), BOTH drivers are at fault. BOTH played their part in this "dance of the stupid."

                          • jorf on 30/04/2020 - 15:32

                            @pegaxs:

                            You see, that's where you are wrong. They don't have to give way to cars that are 3 lanes away.

                            Yes you do. You have to give way to ALL traffic on the road you are entering. There is no "oh, but there was no traffic in the left lane" rule like you imagine. I can change lane just before the slip lane into the left lane, and if you pull out, it will be your fault every time.

                            You have zero right of way. Just as when you're doing a u-turn or reversing.

                            It is cut and dried, and frankly I don't care about trying to make you see sense. I encounter people like you all the time on the roads who think they know better despite being wrong. I've even had a road rager try to overtake on the road shoulder (and crash into me) who then claimed it was my fault because "he had nowhere to go", despite having merged behind me some time earlier, so it's clearly an attitude problem that isn't going to be solved on the internet.

                            Someone else can take over.

                            • pegaxs on 30/04/2020 - 17:19
                              -3

                              @jorf:

                              You have zero right of way

                              The only correct thing you have said thus far. There is no "right of way" in Australian Road Rules… Only the obligation to give way (ie: not merge into a another person's lane while they are occupying it.)

                              I don't care about trying to make you see sense my point of view.

                              FTFY

                              But you're missing the point. I don't disagree that the silver car driver is at fault. They are. But what everyone else is failing to see here is that OP is also at fault. I have never once said that the silver car isnt at fault, what I am saying is that OP isn't "fault free" and absolutely contributed to this collision. But the blind negging masses get all butt sore over there being anything different to their opinions.

                              I encounter people like you all the time on the roads who think they know better despite being wrong.

                              I once heard a saying about driving (and dealing with people);

                              "If you randomly encounter one dumbarse driver, you encountered one dumbarse driver… if you encounter dumbarse drivers "all the time", then maybe you're the dumbarse driver…"

                              • picket23 on 01/05/2020 - 11:57

                                @pegaxs:

                                the blind negging masses get all butt sore over there being anything different to their opinions.

                                Then

                                "If you randomly encounter one dumbarse driver, you encountered one dumbarse driver… if you encounter dumbarse drivers "all the time", then maybe you're the dumbarse driver…"

                                Just thought that was a bit chuckle worthy.

                                Also, I disagree with your point. OP hasn't finished her turn when the collision occurs. Don't think anyone would listen to the arguement that she had finished her turn and then made an unexpected lane change. Where that slip lane enters the new road, you absolutely should not be proceeding if there are cars turning from where OPs car came from. The other driver simply did not check carefully enough. Driver was probably only thinking about where the cars immediately preceeding OP had come from.

                                • pegaxs on 01/05/2020 - 12:41
                                  -2

                                  @picket23: That's fine to disagree, at least you seem polite about it, unlike some of the neanderthal knuckle draggers that have put their 2 cents in.

                                  And like all good discussions, I will have to say that I disagree with your point. The way I see it is, OP entered the new road into the middle lane. Once there, they are then bound by the lane markings of that middle lane. Moving across that marked, broken line means that OP has gone from turning into that road and is now changing lanes.

                                  Now, if OP went all the way across and entered the start of the left most lane, I agree with you 100%, but they didn't (possibly trying to take a short cut to left lane??). OP entered the middle lane and then tried to cross the lane marking into the left most lane. The turn needs to be completed before entering the lane. You cant just enter a lane and say "well, I wasn't finished my turn." if you are crossing over lane markings.

                                  If OP's car was struck in their own lane that they turned into, fair call, but the problem with the video is that the cars collided while OP's car was 1/2 way into that left lane while crossing over a lane marking. Who knows, if OP didn't cross into that lane, they may never have collided. (But then again, if my auntie had balls and all the rest…)

                                  OP made the turn and picked the middle lane, was in the middle lane and then drove 1/2 of their car into the left most lane, where idiot B was making the widest turn from a slip lane I have seen in a while (It was a Falcon Camry, not a Kenworth).

                                  OP broke ARR 148, changing lane without giving way and 46, Failed to give change of direction signal on lane change.
                                  Silver car broke ARR 69 (2, 2A), give way from slip lane.

                                  Ergo, both drivers are poor drivers, both drivers share fault.

                                  • picket23 on 01/05/2020 - 14:17

                                    @pegaxs: Yeah I hear what you're saying and I can't state with certainty that a judge wouldn't agree with you that some bit of fault lay with OP.

                                    Perhaps they do view crossing lanes while turning onto a road like this the way you think… But I don't think that is the case. There are similar intersections where you simply can't avoid crossing such lane markings while actually making the turn into your chosen lane.

                                    I also disagree that:
                                    (a) OP had picked the middle lane (as I said as far as I am concerned they were still in the process of turning.
                                    (b) they drove 1/2 of their car into the left most lane. No way the footage shows this.

                                    I am not even 100% convinced from the footage and stills that they made it into the left most lane. The more I watch it the less likely I think any small amount of blame could be apportioned to OP.

                                  • THL on 01/05/2020 - 15:40

                                    @pegaxs: Yeah nah, your whole basis of 'OP changed lane into silver car's lane' doesn't even stand in the first place. I re-watched the video and you can see that:

                                    1. Silver car had no intention of slowing down/giving way to traffic/OP.
                                    2. Silver car wasn't turning into the left most lane. It hit OP at the middle lane. It is clear as day the silver car tried to enter the middle lane (by the angle of the front wheel and the angle it tried to enter the carriageway)
                                    3. From the dashcam's angle, it's impossible to tell if OP even creeped into the left most lane at all. You can't argue that OP didn't give way because it's just unclear. What's clear though was that OP had turned into the middle lane and silver car hit OP from the side. Because the dashcam is positioned near the right of the windscreen, it appears that the car had entered into the left lane in your screenshot. Anyone with a dashcam will know this is true.

                                    How can OP be at fault at all?

          • CanadaAye on 30/04/2020 - 08:44

            @pegaxs: Simple question, what lane was the silver car that was suppposed to give way turning into?

          • tik tok on 01/05/2020 - 11:39
            -1

            @pegaxs: No idea why you are getting negged. I agree a 100% here. It does look like OP was heading towards the left most lane.

            • pegaxs on 01/05/2020 - 11:49
              -2

              @tik tok: In the screenshot, you can clearly see at least 1/2 of OP's car in the other car's lane. The cars collided in the silver car's lane. In the video, OP makes the turn, completes it into the middle lane and then proceeded to change lanes, breaking Road Rule 148 in the process.

              If OP went straight into the left most lane, there would not be an issue. The issue comes from OP picking the middle lane, and then moving across into the left lane after the turn.

              No idea why you are getting negged

              People seem to be all butt hurt because they think I am suggesting that the silver car is innocent, and they are not. They definitely share some (most) of the stupidity displayed in the video. But to suggest that OP played no part in this collision is just absolute blind stupidity. The mere fact that I took an objective view to the majority upsets people who don't like having to think "hey, yeah, maybe. Didn't notice that before…". That and the anonymous, sheep negging mentality that goes on here.

        • Caped Baldy on 29/04/2020 - 22:40
          +2

          I find it terrifying that people are disagreeing with you.

      • berry580 on 29/04/2020 - 23:55
        +2

        Other party had to give way as per sign, they didn't, thus OP is not all fault.
        You need to read you L's road rules again.

      • firebucket on 30/04/2020 - 09:09

        pegaxs raises some valid points about the OP partially entering lane 1 as the turn is made. But on viewing the footage in it's entirety - the other vehicle is at fault. Clearly doesn't see the OP turning right and just follows the car in front out.

    • Kranbone on 29/04/2020 - 21:08
      +3

      Great find.

      This pretty much confirms the OPs not at fault.

  • pegaxs on 29/04/2020 - 20:42
    -6

    And I'm just sitting here, with my popcorn, waiting for the video to emerge, counting all the "RiGhT oF WaY!!11!1!" comments until the shit hits the fan.

    • [Deactivated] on 29/04/2020 - 20:42
      +1

      F5

      • pegaxs on 29/04/2020 - 21:05
        -1

        Literally as I was posting this, you found it :D

        And for the sake of prosperity, the footage can now also be found "here" (as they have a habit of being removed and going private once shit hits the fan…)

        • [Deactivated] on 29/04/2020 - 21:08
          +1

          I downloaded it before posting, once on the interwebs……

        • canyoudoitcheaper on 30/04/2020 - 18:22

          So what is the issue? OP was lawfully turning into the left-most lane, not "encroaching" anybody else's. Or does the concept of giving way not exist where you're from? The only shit hitting the fan is you letting all of us (and imgur) know that you don't understand the road rules.

    • 2ForTheMoney on 30/04/2020 - 19:31
      +1

      Please stop posting. You are wasting everyone's negs

  • MrTickles on 29/04/2020 - 20:43
    +5

    from the information you provided you are NOT at fault.
    This is what you need to do from here on.

    Scenario 1.
    1. get in contact with their insurance company or the driver and provide a written statement of this accident.
    2. you will need to go take your car to min. 3 smash repairs and get quotes and average it out.
    3. let them decide who is at fault.You may not need to prove anything else if the insurance company agrees that their client is at fault.
    4. provide the quotes to their insurance company.
    5.wait for claims outcome.

    Scenario 2. ( preparing for small claims court)
    1. get in contact with their insurance company or the driver and provide a written statement of this accident.
    2. get min. 3 quotes of the total damages to your car.
    3. write up a "Letter of demand" state the total amount of cost for repair and when you wish it to be paid to you.
    2. if insurance does not agree, and you wish to dispute this, you will need to lodge it through NSW small claims.
    3. gather supporting information, photos, drawing, witness and make a police report even if police did not attend the accident.
    4. inform their insurance company that you are disputing their claims, This is to prevent any recovery actions taken place while you take this to small claims court.
    5. find your local court small claims and file.
    6. wait for hearing date.

    please read this link below to know what exactly you are getting into when going through court.

    https://www.lawaccess.nsw.gov.au/Pages/representing/lawassis…?

    • MrTickles on 29/04/2020 - 20:53
      +1

      I just saw the dashcam video you linked us.
      You will likely have no issues making a claim through their insurance company.
      You have the footage which is very hard to dispute when you had the right of way.
      Keep us posted of outcome.
      good luck

    • Black Brown Blue on 01/05/2020 - 13:47

      Well explained.

  • berger on 29/04/2020 - 20:51
    +1

    The YouTube video shows the driver B should have given way. He was going to cross the 3 lanes!

    The OP should be safe… and if not take it to small claims

  • Samsungnote10 on 29/04/2020 - 21:14
    +1

    Other driver is an absolute spaz if they couldn't see the car

  • ozgeek on 29/04/2020 - 21:57
    +1

    Show them the video and also pass it on to your own insurance company as well.

  • kaleidoscope on 29/04/2020 - 22:44
    +2

    Looks open and shut case for me… Other driver’s at fault. Also change your insurance company after this is settled.

  • Seni0r El Cheapo on 29/04/2020 - 23:44
    +2

    You are not at fault. Fight. Don't let them bully you.

    Meanwhile, my story goes like:

    I had an accident, where I was not at fault. I have 3rd party insurance with Allianz on my 15yo POS. The other party had ~2018 Kluger. He basically reversed into me while pulling out of parking. I called my insurance company and without asking me about the details, they asked are you sure that you are not at fault, I said yep, they simply said, okay, we can help you. Meanwhile, the other party contacted their insurance and their insurance agent called me said they will take care of my car, give me a loan car, etc, and I should not take the case to my insurer. I agreed and me car got fixed.

    My insurance followed up and called me multiple times asking if I need any help etc - quite unusual eh? :)

  • Ughhh on 29/04/2020 - 23:45
    +3

    A very common type of accident.
    I almost had a similar case this morning, while turning right, but I always check if the car is stopping or not. They weren't stopping or slowing down and no point to exercise my right of way just to be in this mess.

  • THL on 30/04/2020 - 00:47
    +7

    Anyone who watched the video and think OP is at fault should hand their license back. OP- you will be fine.

    • DarkOz on 30/04/2020 - 07:00
      +2

      In this case the insurance company registration. How they found OP to be at fault is bullying.

      • codinghelloworld on 30/04/2020 - 21:35

        Yes, want to know the name of insurance company, should stay away.

  • bazingaa on 30/04/2020 - 01:37

    Failed to give away by Car B

  • Mattylicious on 30/04/2020 - 02:01

    Just watched the video and it's clear that Car B (other car) is at fault for not giving way.

  • DarkOz on 30/04/2020 - 06:59
    +1

    OP, could you name the insurance company of the other car?

    Btw, you were not at fault. The other driver was.

    • Mokr on 30/04/2020 - 10:27
      +1

      all insurance companies need to take the word of their client and then investigate, as there is no evidence.

      lots of dodgy people out there that make up lies. Even had a girl hit my back, and then claim I cut in her lane thus it was my fault she couldn't stop.

      If you have no dash cam, and someone reverses into you, its bascially your word against theirs that you didn't hit there car.

  • haimrevolution on 30/04/2020 - 07:19

    100% the other drivers fault. Think of it this way they essentially have a give way sign. Why would there be a difference if you came straight through the intersection or turned into it? Had the other car hit a car that was coming straight through the intersection then it would be their fault.

    I once had an insurance company tell me I was at fault for an accident when coming out of a car spot with a car waiting to take my spot behind me. Was a single lane with double lines and a car broke the law went over the lines swerved back in and hit me. The insurance argued that because I was coming out of a spot I was at fault. It was then I said well how did they get there genius if it’s a single lane. After this they looked at the photo and there was no doubt it was the other party’s fault.

    Just send in your info and explain the situation I’m sure it will turn around then. Good luck with it!

  • Krogers on 30/04/2020 - 08:01
    +2

    The other car is at fault. Your roadcraft is poor.

  • backpaqer on 30/04/2020 - 08:11
    +1

    He's crossed the broken white line (give way line). So he's failed to give way.

    Does your third party insurance provide you cover if you can name the at-fault driver (some do). If they don't no point talking to them they will only step in where you are at fault.

    I'd get quotes and initially approach the driver for a speedy settlement. If they say no, outline next steps which will be engaging lawyers and submitting the video evidence to police so that he gets a fine. Obviously they will have to cover these extra costs that will add a minimum of a few thousand dollars to your initial ask. If you can get it fixed for under a thousand bucks it may be appealing for this person to settle without insurance as their premium will go up and also make it hard to shop around for a cheaper deal later.

    Your video footage absolutely nails it.

  • TilacVIP on 30/04/2020 - 08:31
    +4

    It's scary to think by some of the replies in this thread how many of you should go sit for your driving exam again.

  • ddhar on 30/04/2020 - 08:50

    The same thing happened to me last year (at a different location).

    I was deemed not at fault because I could show Car B failed to give way at the intersection, i.e. they did not obey the broken lines/give way rule at the intersection. That they would have had to cross two lanes to hit my car on the right-most lane helped me too.

    Based on your diagram (which is really excellent by the way), the same thing applies to your case.

    OP, stand your ground.

  • BobD on 30/04/2020 - 09:00
    -1

    If you look carefully at the video before it starts then you can see that slip lane turn has a stop sign (see the shape of the sign). The first car stopped (no choice) but all of the others didn't. A stop sign is not just a stop sign but also a give way. The other driver is clearly in the wrong. Given the way that they charged out it looks like they didn't see you or look. If you can then check out the sign.

    • pegaxs on 30/04/2020 - 10:04

      you can see that slip lane turn has a stop sign (see the shape of the sign)

      Here is the slip lane in question

      Please, point to the place in this photo where the "STOP" sign is located… (Hell, I'd be happy if you can find a "stop line"…)

      • abb on 30/04/2020 - 10:06
        +1

        bah, you beat me by 15s!

        • pegaxs on 30/04/2020 - 10:09
          +1

          I had to post it because after seeing it, I went back to the video and watched it again, and it's clearly round and not a stop sign… :D

          Well spotted as well. Here, have some free updoots.

Login or Join to leave a comment
Login Join