Broke My Windscreen Avoiding a Car Merging into Me

Bren20 on 02/05/2024 - 14:02
Last edited 02/05/2024 - 14:21 by 1 other user

I was bringing some timber home from Bunnings, I had it in the inside of my station wagon laying over the passenger seat through to the boot.

On the way home a car merged into my lane with no notice and I had to slam on the brakes to avoid them. The timber went flying forward and cracked my windscreen.

If I hadn't slammed the brakes they would have been liable for repairs to my car. Given that I did slam my brakes, I've copped a broken windscreen.

Like in another post, I considered following the car and confronting them, but as I'm not a nutjob I settled for beeping them for a good while.

What's everyone's take in the legal, moral and ethical approaches here? Should I have done anything differently? If I had my time again I'd let them hit my car and they'd obviously be liable.

Automotive

Comments

  • John Kimble on 02/05/2024 - 15:42
    +6

    Probably going to get negged, but I had a similar thing happen to me a few years ago.

    Was pulling up to a T section set of red traffic lights, where the left lane I wanted to turn into to turn left was blocked by a van parked in the no stopping zone before the lights (I assume a delivery vehicle). Distracted by trying to peer inside and stare down the driver as I was driving past the van, I drove up the back of the ute in front of me and wrote off my car.

    I still maintain if the van wasn't there, the accident wouldn't have happened, so that van should be partially responsible, but wife and of course insurance says I am 100% at fault for driving up the back of the car in front of me.

    Not much I can do but cop it on the chin. 😔

    • Ridiculous Panda on 02/05/2024 - 18:41
      +7

      Hmmm.. i rear-ended someone who braked hard for a yellow light a while ago on my way home from work. On my way down to the lobby from the office, someone stopped the lift on the 2nd floor to get in. This person is partially at fault because if they hadn’t done that, I would have been ahead of the car I rear-ended.

      • John Kimble on 02/05/2024 - 18:44
        +2

        Sliding doors! 😂

      • TEER3X on 02/05/2024 - 18:55
        +1

        I get the humour, but you have to always consider the driver in front isn't going through the yellow light.

        Just the other day the person in front slammed on their brakes, when their entire car stopping well past the line.

        Also saw an accident with the same scenario, not sure why people make up their minds that late, either commit to go or stop, not that hard.

        • SlickMick on 03/05/2024 - 08:50

          You can't even trust approaching green lights. There are moron good samaritans out there that will stop dead to let in someone waiting to enter our road, giving no consideration for the cars behind them (who will now be missing the green light).

  • EightImmortals on 02/05/2024 - 15:53
    +1

    Do you have windscreen cover on your insurance?
    Just tell them you got hit by a rock, though I don't think it really matters to them how the glass got broken.

    • archiexyz on 03/05/2024 - 08:39

      Wouldn't be hard to tell if a chip was caused from the inside or outside

      • EightImmortals on 03/05/2024 - 08:44

        No it wouldn't but I'm not sure that glass cover is dependant on how the damage occurred.

  • jellykingdom on 02/05/2024 - 15:57
    -1

    I feel your pain. People are being remarkably dick-ish here regarding a length of timber in the car

  • emblurr on 02/05/2024 - 16:47
    +1

    All car accident Ozbargain queries need the obligatory.

    …came out of nowhere
    …gave no indication
    …without warning
    …i'm a good driver
    …hit the brakes for no reason

    • dbmitch on 02/05/2024 - 21:51

      "I got away with everything in my life so far, this has to be more of the same right?"

  • Mikinoz on 02/05/2024 - 17:15
    +4

    Yes it is everyone else's fault

  • coffeeinmyveins on 02/05/2024 - 17:30
    +7

    Bet this isn't going the way you wanted it op

    What you did is no different to a tradie having an unsecured ladder on their roof, falling off during a tight turn and ending up on the road.

    Your load wasn't secured inside your vehicle. Your fault. Take responsibility for your actions

      • dbmitch on 02/05/2024 - 21:52
        +10

        wtf are you on about m8, the one responsible is you, no moral pondering here.

      • apey2000 on 02/05/2024 - 23:14
        +5

        That's because there is no moral dilemma to ponder. Someone made a mistake and you had to apply brakes. If you had secured your load it would have been a non-event.

        You're lucky the timber didn't crack your skull. You should be pleased with the outcome.

      • Antikythera on 03/05/2024 - 17:30
        +1

        what controversy? only one thinking you aren't at fault is yourself.

  • R4 on 02/05/2024 - 17:48

    Your load was unsecured so you'll have to cop this one I'm afraid.

    Put it down to experience and move on. Claiming on insurance for windscreen damage often doesn't affect your no claims status and excess. Check yours out to see if you're covered.

  • trapper on 02/05/2024 - 18:06
    +2

    If I hadn't slammed the brakes they would have been liable for repairs to my car.

    Slamming on brakes is not really optional though, you have to try and avoid a collision even if it's not your fault.

    You should have properly secured your load.

  • gromit on 02/05/2024 - 18:20
    +1

    100% on you, you failed to correctly secure your load and hence performing a basic maneuver in your vehicle it became a projectile.

  • askbargain on 02/05/2024 - 18:25
    +1

    don't swerve for cars either. cheaper to crash.

  • SnoozeAndLose on 02/05/2024 - 18:45

    How bad your windscreen got broken?

    • Bren20 on 02/05/2024 - 19:48

      It'll need to be replaced, big spider cracks probably 30cm across

  • Ryanek on 02/05/2024 - 18:58
    +6

    I vote this to be the most obtuse, annoying post of the year.

    • djones145 on 02/05/2024 - 19:26

      nah for the day
      plenty of crackers daily

  • Herbse on 02/05/2024 - 18:59

    Improperly secured and carried items is your problem.

    People always swerve, brake hard or do some crazy manoeuvres to avoid someone who's breaking the law. Just let them hit you, if you hit someone else from swerving or cause someone behind you crashing into you, or this wood incident. It then becomes your problem while the person who broke the law gets away with it.

  • djones145 on 02/05/2024 - 19:26
    +1

    go watch final destination….

  • SBOB on 02/05/2024 - 19:42
    +3

    swap the wood, for say a kid in the back seat not wearing their seatbelt..
    Whose fault would the smashed window be then?

    Newton's first law doesn't have an exclusion for items purchased at bunnings.

  • ripesashimi on 02/05/2024 - 19:51
    +4

    It is society's fault. Jesus's fault. Putin's fault. Anyone but you.

    • djones145 on 02/05/2024 - 20:18
      +4

      pretty sure it was your fault. go pay for his windscreen

    • belongsinforums on 02/05/2024 - 22:30
      +2

      if only OP let jesus take the wheel

  • aboabo on 02/05/2024 - 20:18
    +3

    Now you know the reason why car seats are bolted to the chassis.

    • banana365 on 03/05/2024 - 17:52
      -3

      Body, but your point stands.

  • Bing0 on 02/05/2024 - 20:54
    +1

    Wow entitlement overload, you're lucky the timber didn't go through your head. Next time hold the wood with both hands (use one or both legs too if needed) and/or don't brake, making sure to run into their rear, it's the only way to prove their culpability.

  • fredk1000 on 02/05/2024 - 21:02

    Isn't always the way, when you are not carrying anything special, nothing happens.
    You are carrying something on a rare occasion and this happens. As others have said should of secured the timber, it could of impaled someone or yourself.
    I remember my dad one day randomly carrying a load bricks in the boot of his car probably 200kg or so , some person in an oncoming car veers randomly into his lane (because there was a spider in their car apparently), forced my dads vehicle into the gutter avoid them causing a blowout, lucky no one was hurt but the car was permanently disfigured.
    It happens when it happens…

  • Piranha2004 on 02/05/2024 - 23:02

    Be grateful that you didnt get any personal injuries from the wood. Windscreens can be easily replaced, your head cant. Life lesson learnt

  • bmerigan on 02/05/2024 - 23:15

    I've often thought about similar. If I damage my car avoiding an accident it really doesn't feel right that I should have to pay.

  • lachhelix on 03/05/2024 - 00:28
    +1

    Jeez I've seen some stupid forum posts but this one takes the cake 😂

    Legal approach? Lmao

  • rickdwp on 03/05/2024 - 02:08

    You are seriously wrong about the "obviously liable" part btw - If you don't have a dashcam what proof do you have that they went into your lane? They say you went into there lane, then what?

    To be clear I think not only are you an idiot, but you don't understand how bad such an incident could be. People have died from unsecured objects in there car hitting them and you're over here like "I should cause an accident next time because i'm in the right!" - Yeah righto, next time when it's a truck let me know how useful being "right" is as they scrap the flesh and bone of the undercarriage.

  • Miss B on 03/05/2024 - 07:01
    +1

    Legally, you had an unsecured load. Ethically, you need to secure your load, because you're morally responsible for not harming others with your unsecured load.

    • Poor Ass on 03/05/2024 - 07:05
      +1

      I need to get my head out of gutter

      Everything sounds like innuendo

      • Miss B on 03/05/2024 - 07:24
        +2

        I'm not sure what you mean, I'm talking about if there had been penetration and his load had shot into the other driver, things would have gone in a whole different direction.

        • Poor Ass on 03/05/2024 - 08:03

          Hahahaha stop it

  • payless69 on 03/05/2024 - 07:39
    +2

    Balsa wood next time?

  • Not SkyNet on 03/05/2024 - 08:42
    +2

    Unless you impact with another car you cannot normally claim any fault on them, as you are deemed as being in control of your vehicle. To have them be at fault you would have had to have impacted with them BUT in the case of your windscreen this would also be seen as an unsecure object in your car, and this could be dismissed as negligence and not payable.
    Learn this after a garbage truck pulled out and I had to swerve to miss them and then tapped another car i had to pay as the truck just drove off , I had witnesses and its rego and everything but as the truck was not part of impact it was factored as avoidable, told by a cop that if I had not swerved and had hit the truck they would have been fully liable.
    So sometimes it seems best to take the hit if you don't want to take the hit in your hip pocket

  • FlyingMiffy on 03/05/2024 - 08:51

    Yeap sucks that there are crap drivers out there but dont be so sure that insurance will side with you without a dashcam, and even if you had one, they might just say that you didnt maintain a safe distance between vehicles. That said, should have done more with securing the timber in the car…

  • LFO on 03/05/2024 - 10:12
    +1

    a car merged into my lane with no notice and I had to

    Sorry to add salt to the wound but:

    1. Merging lane: expect other vehicles to merge. Always.
    2. Not "your lane" but the lane you were in.
    3. Loose (or not properly secured) items are a "real killer", even a humble cardboard box or a shopping bag sliding from the seat when braking is a nasty distraction inviting to "brake less": Been there done that. Nothing loose inside the vehicle since then, nothing!. Once bitten …
  • bazingaa on 03/05/2024 - 11:30

    how much is the windscreen? is it like $300 or a couple of 1000s worth one with fancy sensors etc?

  • huwcar on 03/05/2024 - 11:57
    +1

    You should have considered the very real possibility of needing to brake hard - for any reason - when deciding to transport the wood in the way that you did. Alternate ways include the free Bunning ute rental you can get when making a purchase that doesn't fit in your own transport, or tying to some roof racks on your car.

    You may not like this opinion, but you are solely to blame for the fact your windscreen is broken and nobody else.

  • brad1-8tsi on 03/05/2024 - 12:08

    You should have secured the load by tying it to the headrest or using the seatbelt.

    It's all on you for not do a correct mental risk assessment of the task at hand.

  • dontboopthesnoot on 03/05/2024 - 13:20

    Not much you can do about it I'm afraid. Just have to move on otherwise you will go barking mad.

  • Waltervp on 03/05/2024 - 15:52
    +1

    But did you spill your coffee?

    I had two takeaway laksas on the floor of the drivers seat when i had a similar event and never got the stains out…

    • Bren20 on 03/05/2024 - 16:48
      -1

      I feel your pain! But judging from this thread it's your fault for having a unsecured load!

    • Hangryuman on 04/05/2024 - 09:58

      I once had picked up a bucket of fresh milk from the nearby dairy farmer - but forgot about it on the back seat of my car in my youthful exuberance driving sporty fashion around some bend, when …

      'whoosh' - we heard and saw a gallon of milk splashing over my rear seat and floor carpet

      despite attempted cleaning - that stunk up the carpet and I never really got rid of the cheesy smell

      I recently met up again with the young girl (now old woman) I later sold it to and she remembered nothing about the smell - but said she had been smoking wacky backy back then so Bob's Your Uncle.

  • DiscoJango on 03/05/2024 - 17:23
    -1

    I was training surfing the other day, it went under a tunnel, i hit my head and died. If the train just hadnt gone under that tunnel, i would still be alive today.

    • huwcar on 03/05/2024 - 18:54
      +1

      Change username to GhostOfDiscoJango??

  • Hangryuman on 04/05/2024 - 09:53

    reminds me I was once moving to a new place, and driving a borrowed panel van (Oldhen) with a load that may have included a double bed frame and long timbers

    I was coming south on Punt Rd Mairlben in medium-heavy traffic when the light changed to orange

    I could have stopped by braking hard but knew that risked thrusting the long timbers through the windscreen of the borrowed car, so knowing it was not safe for me to brake hard I continued through the orange light

    except that coincided with a cop car deciding to chuck a uey or right turn during the same orange light - guess they were going to claim emergency or somesuch

    the cop car driver assumed I would stop, but I didn't, we were on a collision course - the cop car braked hard - just missed, and then followed and pulled me over immediately afterward.

    they wanted to hit me with everything as they had almost been in an accident, but knowing they had also pulled a dodgy by running a red light from the cross-street or an orange light for a u-turn, they eventually let me go - I forget whether I got a ticket for insecure load - last century stuff now …

    • vshek on 04/05/2024 - 14:40

      Butterfly effect!

  • DryScissors on 04/05/2024 - 12:14

    KFBR392 KFBR392 KFBR392 KFBR392 KFBR392 KFBR392

  • cunningdrew on 04/05/2024 - 16:01
    +2

    I am guessing about half the comments here are telling you of the benefits of properly securing your load. This is another.

  • Alonzo on 04/05/2024 - 22:19
    +1

    TIMBER

  • AustriaBargain on 05/05/2024 - 04:37

    Sounds like you're lucky this unsecured load didn't kill somebody, it could have contributed to an accident causing serious injury or death if you were involved in a different crash.

  • Eeples on 07/05/2024 - 01:46

    You blew your horn too late.

    It’s an offence to blow your horn at someone unless you want to show your position to avoid a dangerous situation.

    Ie you broke a road rule. It might even be argued that you road raged.

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