Car Accident Advice (Victoria)

Dr Techno on 26/02/2025 - 11:42
Last edited 26/02/2025 - 13:06 by 1 other user

Hi all, a family member had a car accident. Just wanted advice on situation.

Family Member: Red car - (3rd party)
Other party: Blue car -Full Comprehensive Company car

See diagram.

Basically family member was travelling straight in a bus lane intended to make a left turn to enter McDonalds car park which is about 80 metres away from point of impact. According to road rules you are allowed within bus lane 100 metres before exiting the road -

(from website)
Drivers are not allowed to drive in a bus lane, unless:
they are driving for up to 100 metres to enter or leave the road,

Other party was executing right turn to pull into driveway straight ahead and their vision was blocked by built up traffic in the closer lanes, it's peak hour traffic. Other party T-Boned family member making her do a 180 degree spin since main impact was rear quarter panel. No other cars were damaged thankfully. Other party admitted that they didn't see family member at the time.

Family member doesn't have dashcam and she took photos of accident damage, position of cars and debris on road. There was a bus behind some distance down the road might be able to ask bus company if they have dashcam footage.

Other parties insurance company said family member wasn't driving straight which isn't true and they need to provide a statement now.

Any advice on how to best handle this situation? I'm assuming other party had to give way and since family member was exiting the road less than 100 metres then they should be okay in the bus lane.

Automotive

Comments

  • Ryanek on 26/02/2025 - 11:46
    +14

    Other insurance party is just playing hardball. This seems like a straightforward case to me, let your family members insurance handle it.

    • Dr Techno on 26/02/2025 - 12:33
      +1

      Family member has 3rd party via AAMI.. I dont think they are helpful at the moment.

      • spackbace on 26/02/2025 - 12:35
        +11

        Ah yes, just the right answer for a car accident post. No dashcam, 3rd party insurance… chef's kiss

        • Seraphin7 on 26/02/2025 - 15:35

          Took a while for this one to come out of the oven … but you just knew there was an insurance twist in there somewhere.

      • happydude on 26/02/2025 - 13:39
        +1

        It seems like the other insurer is claiming you are at fault.

        That is exactly when to advise your insurer and get them to handle it. I'm sure your PDS will say that is what you are required to do.

  • Russell Dupsumtucka on 26/02/2025 - 11:47
    +11

    Blue car didn't give way to through traffic, they are 100% at fault.

    • AustriaBargain on 26/02/2025 - 14:06

      But if red car doesn't have comprehensive insurance, does that mean they need to personally chase up blue car's insurance?

      • Russell Dupsumtucka on 26/02/2025 - 14:22
        +3

        I guess so, but only if they want their car repaired/payed out.

  • askbargain on 26/02/2025 - 11:49
    -2

    If blue car had their sirens on, red car should have yielded.

  • plmko on 26/02/2025 - 12:01
    +5

    Irrelevent if driving on a bus lane. Your family could be doing burn outs blocking traffic but the right turning car would still need to yield until it is clear.

  • HamBoi69 on 26/02/2025 - 12:04

    Fry-fueled fender bender? Check the bus cam and tell insurance: seeing is driving!

    • Murkymerv on 26/02/2025 - 14:11

      Shouldn't that be , seeing is believing ⁉️

  • Jaduqimon on 26/02/2025 - 12:06
    +4

    Wall of text but you missed out the most important information….

    Does your family member have comp insurance?

    • Dr Techno on 26/02/2025 - 12:32

      Family Member 3rd Party. Other party full comp

  • timcc0208 on 26/02/2025 - 12:08
    +3

    Blue car is at 100% fault.

  • MS Paint on 26/02/2025 - 12:28
    +2

    This is exactly why I don't eat McDonald's anymore*

    *when I'm in my red car only.

    • Dr Techno on 26/02/2025 - 12:32

      Yeah Im not eating at McDonalds anymore too :)

      • MS Paint on 26/02/2025 - 12:35

        Is the McDonald's part just an excuse for being in the bus lane illegally?

        • Dr Techno on 26/02/2025 - 12:40
          +3

          No she went to McDonalds afterwards.

          • MS Paint on 26/02/2025 - 12:42
            +2

            @Dr Techno: Be careful if you get the bus footage and it shows the red car in the bus lane way before it was meant to be.

            • Murkymerv on 26/02/2025 - 14:14

              @MS Paint: 100 metres according to Victoria road laws

              • us3rnam3tak3n on 26/02/2025 - 17:51

                @Murkymerv: That only leaves 20m before impact if Maccas is a further 80m away. Footage could be damning.

          • frewer on 26/02/2025 - 18:34

            @Dr Techno: LOL talking about stress eating

  • Xetrok on 26/02/2025 - 12:35

    Let your family member's insurance handle it.

  • JimmyF on 26/02/2025 - 12:36
    -1

    Any advice on how to best handle this situation ?

    Lodge an insurance claim, give your side of the story. They will investigate and advise.

    Basically red car had right of way, blue car didn't giveway to oncoming traffic when turning.

    • MS Paint on 26/02/2025 - 12:39
      +5

      Basically red car had right of way,

      @pegaxs - take a chill pill before you reply please.

      • pegaxs on 26/02/2025 - 13:33

        Comment blocked. Show

        No idea what it says, so it's all good. :)

        They have obviously been blocked on my account at some stage, so whatever they are saying is probably equally as worthless as the time I set them to be blocked. :)

        *sips on blocked user's tears*

        Edit: lol @ neg vote… *sips some more tears*

        • JimmyF on 26/02/2025 - 13:55
          -2

          They have obviously been blocked on my account at some stage, so whatever they are saying is probably equally as worthless as the time I set them to be blocked. :)

          Feeling is mutual.

        • us3rnam3tak3n on 26/02/2025 - 17:53

          Wasn't goint to neg but you seem to be enjoying those tears… you're welcome.

      • JimmyF on 26/02/2025 - 13:57
        -2

        Do you boys need some tissues once your done?

        • MS Paint on 26/02/2025 - 13:58
          +1

          We've just booked a room with included tissues so all good thanks.

          • JimmyF on 26/02/2025 - 13:58
            -3

            @MS Paint: That's good. Enjoy your crying room.

  • Dr Techno on 26/02/2025 - 12:46

    with family member being covered for 3rd party would family members insurance actually help handle claim (AAMI) ? or pretty much 3rd party your on your own even if not at fault ?

    • Jaduqimon on 26/02/2025 - 12:50

      on your own, unless the other at fault party is uninsured then you get some help. but since you said other party has comp insurance then yeh, its your family vs their insurance company now.

      • CaptainJack on 26/02/2025 - 15:54
        +1

        Surely you're not on your own because if OP's family member is found at fault, AAMI will be on the hook for the other car's repair costs.

        Once it's agreed that the other driver is at fault, I would've thought it's fairly straightforward to get your car repaired and the other insurer pays for it.

    • kekw on 26/02/2025 - 12:56

      3rd party should still cover when you are not at fault. read the policy.

      • Jaduqimon on 26/02/2025 - 13:08
        +2

        nah. its typically up to $5000, if the other party in UNINSURED.

        • Fysh on 26/02/2025 - 18:22
          +1

          The 3rd party company isnt going to take on liability just on the other insurers say so. They will want to dispute so they dont pay. Thats absolutely false. Interfering and admitting liability will get ur 3rd party policy cancelled

  • MS Paint on 26/02/2025 - 12:48
    +1

    Family member doesn't have dashcam

    Nudge nudge wink wink say no more say no more

    • Dr Techno on 26/02/2025 - 13:14
      +3

      Family members accident prompted me to check my dashcam thats when I found the dead sd card without warning at all. pretty good for 8 years of service but good reminder to always check dashcam sd cards now and then.

      • MS Paint on 26/02/2025 - 13:19
        +1

        That makes sense. Cheers

      • kerfuffle on 26/02/2025 - 13:58
        +1

        At least once a month

        • Dr Techno on 26/02/2025 - 14:01

          Good idea. It makes me nervous now when a SD card can just die without warning.

          • Save 50 Cent on 26/02/2025 - 15:01

            @Dr Techno: Get a good brand max or high endurance. They are meant to handle a lot of overwriting unlike other ones.

  • iand on 26/02/2025 - 13:08
    +1

    Family member should provide statement saying they were driving straight and point out if they weren't they would either have been driving towards the footpath or towards cars in the lane on their right or they were turning into the driveway and that any of those results would still mean they were in the right and the other party should have given way

  • Dollar General on 26/02/2025 - 13:14
    +1

    Send the insurance company photos of the red car with t-bone damage, as well as details on how the crash occurred. Also send a letter of demand, which you can download examples of.

    The other party has given their version of events

  • pegaxs on 26/02/2025 - 13:15
    +5

    they need to provide a statement now.

    Then provide a statement.

    Any advice on how to best handle this situation ?

    Provide the statement they request.

    Im assuming other party had to give way

    Your assumption would be correct. It is no different to if there was a bus in that lane. If they couldn't see, they should not have gone. (Also, thank you SOOOOO much for saying "give way" rather than your family member had "RiGhT oF wAy!1!")

    family member was exiting the road less than 100 metres then they should be okay in the bus lane.

    Correct. Road Rule #158 (1)(a) and (4) (Exceptions to driving in special purpose lanes etc.) covers driving in "special purpose lanes".

    (1) The driver of any vehicle may drive for up to the permitted distance in a bicycle lane, bus lane, tram lane, transit lane or truck lane if it is necessary for the driver to drive in the lane—
    (a) to enter or leave the road;

    (4) In this rule—
    permitted distance means—
    (a) for a bicycle lane or tram lane 50 metres; or
    (b) for any other lane—100 metres.

  • jv on 26/02/2025 - 13:16
    -2

    Any advice on how to best handle this situation?

    Hire a lawyer…

  • Ocker on 26/02/2025 - 13:42

    Blue car was changing direction of travel and is automatically at fault

    • SYLTB on 26/02/2025 - 14:19
      -2

      Not necessarily, and what if blue car was also heading to Mac?

      • OzBarAnon on 26/02/2025 - 14:26

        "What if blue car was also heading to Mac"
        They weren't. Their destination was stated in OP's post, so it doesn't matter

        • SYLTB on 26/02/2025 - 14:31

          Mac part ok, my bad, but still changing direction does not make him at fault automatically, it depends.

          • Ocker on 26/02/2025 - 19:07

            @SYLTB: I was involved in an identical situation - I was the blue car. Police told me I was 100% at fault as I turned in front of the other car.

    • MS Paint on 26/02/2025 - 14:25
      +1

      Link to source of this rule please.

  • Wiadro on 26/02/2025 - 14:55

    how was the maccas?

  • us3rnam3tak3n on 26/02/2025 - 18:11

    Other party admitted that they didn't see family member at the time… Other parties insurance company said family member wasn't driving straight which isn't true and they need to provide a statement now.

    If the other (blue) party didn't see the red party then how can they make claims about red party's direction of travel?

    Also, if not driving straight, what exactly are they claiming? That red was leaving the shopping centre? If so, surely they would have taken the details of a witness in the area.

    Maybe the car park has cameras that would help.

  • Fysh on 26/02/2025 - 18:24

    Omg if youve got 3rd party and they are saying its your fault lodge the claim thru ur insurance 😤. Doing otherwise may cancel ur policy

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