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

    • ankor on 02/05/2020 - 13:08

      Why would a dashcam not be acceptable but an eyewitness would be? This is just plain bizarre mate.

      • Bargainitis on 02/05/2020 - 15:06

        Google / research it. There are exceptions to the rule, i.e., privacy, consent, audio, image quality, etc, etc.

  • darkmattersunB6c0MV on 02/05/2020 - 12:24

    OP is not at fault.
    Other party has to give way.
    The video footage is quite clear on this.
    Did you exchange contact details and insurance details?

    OP, I presume you have your license and car papers are in order.

    Why are you not claiming?

    If anything, you have all the proof and most likely would win in court.
    All the best.

  • Dack Smith on 02/05/2020 - 15:53

    No wonder lawyers can live so comfortably.

    So much legal BS and drivel.

    If the traffic laws were obeyed there should not be any ambiguity…. the other party is in the wrong and must pay.

  • Eeples on 02/05/2020 - 22:02

    What reason did they give that you are at fault?

    • McFly on 03/05/2020 - 12:21

      I'm guessing none.
      It would be entertaining to see the reasoning though.

  • RubenM on 03/05/2020 - 07:53
    -5

    The diagram is wrong, you can see from the video that the OP went into the left most lane (at least partially), so crossed two lanes of traffic while turning.
    The other car also seems like it intended to go into the middle lane rather than the left, as it should.
    I'd say both parties are at fault. And it's beyond doubt that both parties should change their driving behaviours!

    • Flying Ace on 03/05/2020 - 08:44
      +1

      There are no lane guidance lines so the OP is entitled to turn into any lane. The other driver did not give way to oncoming traffic. I don’t know how the OP could be at any fault whatsoever.

  • Meganinja on 03/05/2020 - 10:34
    +2

    "Turn left anytime with care" mean you have to ready to stop to give way to any cars coming, it does not matter what lanes the other car use ,

  • Trying2SaveABuck on 03/05/2020 - 12:00

    modes need to start banning these it is getting ridiculous

    • McFly on 03/05/2020 - 12:20

      Yeah, it's dangerous - they could run out of HDD space with all of these 'clogging up' the forums.

  • McFly on 03/05/2020 - 12:18
    +2

    This is so obviously just a shakedown attempt by the other car owner's insurance company.
    Do not give in OP!

  • tyme on 03/05/2020 - 15:08

    Why did he move from the slip-lane into the middle-lane?
    That's a problem in itself.
    You can't expect all the traffic from the intersection to just stop suddenly because you want to not only enter the road but immediately into the center.
    It was his responsibility to enter the road safely, he's able to sit there all day to watch for a gap and he not only didn't but he moved the to middle lane instead of the closest lane.

  • bunkr on 05/05/2020 - 14:43
    +9

    I have supplied the footage to the other party's insurer. Case is being reviewed - but because of the entire COVID-19 situation, there is a long delay. I shall keep you posted as things develop. Thanks for all your comments.

    • Revrnd on 23/05/2020 - 19:09

      any luck?

      • kerfuffle on 24/05/2020 - 08:58

        You need to read the OP.

  • SnoozeAndLose on 23/05/2020 - 19:33

    Any update OP?

    • kerfuffle on 24/05/2020 - 08:58

      Read the OP.

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