Road Accident in 2 Way Lane Turn

DEvok on 07/12/2014 - 00:47
Last edited 10/12/2014 - 18:20

Today I had a car accident with another car which Struke me during the turn.
There were 3 lanes A, B and C, I was in B, and the other person in A, C can only head straight up, We were fully stationary on red lights.

When the lights changed to green I went first while the other car was half way behind me. Once past the lights while Turing left I was in lane B still, There's another lane on my right side but cars are parked there on weekends, Obviosly you don't drive there, Then suddenly the other car hit the side of my back side door on the left resulting with scratches and a slight dent. the other person also had some scatches on her front bumper on the right.

We have both taken details down and photos, but I don't have insurance as it expired not long ago, Does anyone know what happens now as it's clearly not my fault. You always stay in the same lane when you do a turn, and she claims she can turn into my lane. I really hate driving through this part of the road cause I know many people get horned, Been driving through this lane for over 5years.

Automotive

Comments

  • dylanando on 07/12/2014 - 01:07
    +7

    i believe your on your own, you really should get insurance..

  • tds on 07/12/2014 - 06:29
    +7

    Usually person behind's fault. Get at least third party insurance

  • snappy1234 on 07/12/2014 - 06:53
    +12

    Wow people drive without at least 3rd Party Property coverage ?.

    Devok go and order this insurance today-what if you hit a Merc/Beemer/House.

    • Cheeper on 07/12/2014 - 09:26
      +4

      A mate didn't have it and I warned him. A year later I got a letter from him… in dire straights.. he did collide with a NEW Mercedes in his $200 heap!!
      Mad to be without it.

    • alizzan on 08/12/2014 - 18:38
      +19

      "If you can't afford insurance, you can't afford to drive a car."

      • Tnetennba on 10/12/2014 - 01:28

        Is it even legal in Australia to drive without third-party insurance? I'm pretty sure the idea behind compulsory third-party insurance (CTPI) is that it is.. well.. compulsory.

        A quick look finds that it is…

        Compulsory Third Party Insurance (CTPI) is personal injury insurance that is mandatory for every motor vehicle registered in Australia.

        Not sure what the penalties are for driving without it, but good luck to the OP in getting ANYTHING back without an insurance company to help them negotiate with the other person's insurance company.

        • benjamin on 10/12/2014 - 07:19
          +1

          We are taking about third party property insurance here…

  • raymond y on 07/12/2014 - 09:21
    +2

    a diagram of the intersection would be helpful, find it on Google Maps and then ask for help. But yes, get insurance too, it's not a massive expense.

  • whooah1979 on 07/12/2014 - 09:27
    +2

    the basic rule is the vehicle crossing the dotted line have to give way.

    edit
    if there is no line then the vehicle in front have right of way. please give us a google map.

  • Kkuba on 07/12/2014 - 10:56
    +5

    You might not be "rooted" as others say. It is a bit unclear of what the situation was exactly, but by the sounds of it, you were not at fault. Here is what I would do:

    1. I assume you have all their details, including phone number, and insurance company, so you can get their claim number. Do what you can to track this down.

    2. Take it to a smash repairer, tell them the story, give them the claim number and ask to get a quote. Leave the car there. Some places might be reluctant to do this, depending on how long it will take them to quote on it. As in, especially if it is a busy workshop, and yours might be a small - and therefore not so lucrative - job, they might feel they are wasting their time quoting on it, especially if it is not guaranteed to result in work, but shop around if you encounter refusal.

    3. They will contact the insurance company, and get an assessor to come out.

    4. If there is no dispute (from the insurance company's perspective) of fault, they will authorise repair.

    5. Car is fixed at their expense.

    Now, I did this recently, as I did not want to go through my insurer, for other reasons. But in my situation, there was no question about whose fault it was, and as far as I know, the other party did not deny fault at any point.

    What you should do, is tell the smash repairer the story, and they will (to a small extent) "fight" - for a lack of a better word - for you, as they will want the work. In any case, the repairer might not win, but worst case then is that you will be back to square one. Try to stress from the start that you don't want work done unless they authorise it (if you do not want to spend money on the repair of course).

    If the other party is clearly at fault, then hopefully, the insurance company won't put up a fight (like in my case) and you will get the car repaired, and at the same time, that will absolve you of fault, and therefore any costs to the other party.

    I guess the only thing to consider is, if the other party decides they don't want to make a claim, as they don't care, in which case you won't get your car repaired, and you will have to take the damages to court if you choose to pursue the costs. Or, they decide not to claim (and therefore there will be no dispute over fault), until you decide to chase them, and then they make a claim and a dispute can arise, and then you risk the dispute not ending in your favour.

    Will edit this post as I think of more points. Feel free to PM me if you have any specific questions about the above process. I will also check back here anyway for any responses.

  • DEvok on 07/12/2014 - 12:12

    Thanks for the reply guys, this is 2 images from Google map.
    I was on Henderson road as where the car is showing, Turning left into Wyndham street.
    http://imageshack.com/a/img901/7738/VM5PEk.jpg
    http://imageshack.com/a/img537/1592/I01NEI.jpg

    And this is the other persons car, plates have been cut out for obvious reasons.
    http://imageshack.com/a/img537/9098/YjbuZy.jpg

      • whooah1979 on 07/12/2014 - 13:58

        hmm. were you east or west bound?

        edit
        nvm. the link shows the east bound henderson rd turning left into wyndham st. a vehicle turning left must follow the dotted line and use lane 3 and 4 in wyndham st.
        https://www.google.com.au/maps/@-33.8968702,151.1983008,3a,7…

      • tomleonhart on 08/12/2014 - 06:28
        +1

        The guy was in Henderson turning left into Wyndham heading toward Redfern station. What you looked at is Henderson turn left heading toward the Airport.

        edit: just saw your edit. LOL

  • DEvok on 07/12/2014 - 15:21

    I was in the middle lane where the cars were showing in my first link. Turning left.

  • sauce2k on 07/12/2014 - 15:22
    -4

    Drive without CTP..you are one brave soul my friend…real brave…

    Edit: isn't CTP compulsory?

    • whooah1979 on 07/12/2014 - 15:28
      +2

      ctp (compulsory third party personal injury insurance, a.k.a greenslip) in nsw is compulsory for rego renewal. some insurers may cover more than just personal injury.

    • tomleonhart on 08/12/2014 - 06:31
      +1

      he's driving without insurance (third party, comprehensive). not CTP

  • [Deactivated] on 07/12/2014 - 15:44

    can't really see the lines clearly on your pictures. Not sure where the dotted lines are or headed to because of the fisheye effect. Could you get a google earth top down view? Don't really follow your description also.

    4CARS
    3____
    2…….|
    1…….|
    ….A….B….C

    (Pretend the full stops aren't there)

    This is what I got from the description and images. Op was on the B lane of henderson turning into wyndham.

    Op was on the B lane of henderson turning into wyndham.

    Here is where it gets confusing.

    • OP said he remained on B lane. So by B lane does he mean 1) The same lane or 2) The 2nd lane from the left?

    Long story short, as long as OP did not move across the dotted lines, it should not be his fault. Always give way when moving across marked lanes.

    • whooah1979 on 07/12/2014 - 16:20

      https://www.google.com.au/maps/place/Henderson+Rd+Near+Wyndh…

      the top view shows henderson rd lane (a),(b),(c) turning left (white car) into wyndham st (1),(2),(3). wyndham st has only three lanes where the white car is as indicated by the lines on the map. vehicles in henderson rd lane (a) can turn into wyndham st lane (1) that is a ~5m wide line. vehicles in henderson rd lane (b) has right-of-way for wyndham rd lane (2) and (3).

      edit
      there is a dotted line turning left. it's difficult to see on the map, but stand at the corner in person and it's clear as day.

      op, did you cross the dots or did other driver cross it?

      • [Deactivated] on 07/12/2014 - 16:32

        Alright. I am still unclear because the top down view shows wyndham becoming a 4 lane road further up. It happens often on the roads though. In one of your pictures http://imagizer.imageshack.us/a/img537/1592/I01NEI.jpg it also shows a lane marker under the white car on the left.

        1) From your memory was wyndham a 3 lane or 4 lane road?
        2) After making the turn, were you in lane 2nd lane from the right, or the 3rd lane from the right? (first lane from the right being the one with cars)

        Anyway, if you did not cross the dotted lines it should not be your fault.

  • Geewhizz on 07/12/2014 - 16:22

    she claims she can turn into my lane.

    Are you supposed to turn into the middle lane, where the ute is in the second pic, from lane B? Or the one on the left, which splits into 2 further down the road? If it's the second option, then she can.

    It appears that there are not 2 separate lanes as you go around the corner? In saying that though, she clearly can't run into you in the process of going around the corner, any more than you can cut the corner short on the way around, and given that there are not 2 separately marked lanes at that point you really have no way of being sure that you didn't.

  • what on 07/12/2014 - 16:53

    Maybe she can turn into your lane but she should not turn into a car in your lane. If your insurance expired not long ago, perhaps a week or 2, your may be able to pay your insurance and be covered.

  • DEvok on 07/12/2014 - 16:53
    +1

    Here's a better view for both lanes connecting up.
    http://imageshack.com/a/img674/6027/UJ0nLq.jpg

    Like I mentioned only lane A and B are able to turn left into Wyndham street, I remained in lane B all the way until Wyndham steet into lane C, which it connects, and I stayed between the lines. I normally come out abit into the lane D cause many cards edge out into my lane, bUt did not expect for this time a car edged me.

    • [Deactivated] on 07/12/2014 - 18:45
      +3

      Then it sounds like it is definitely not your fault. Clearly she didnt give way as she crossed the lines.

      I suspect the other driver did not think "she could cross the lines". With the limited information at hand, I speculate that she miscalculated something or was not paying attention.
      If somebody cuts into my lane and I obviously had the right of way, I would not carrying on driving I would try to avoid hitting the offending driver. This would be much easier to do considering the speed of the turns (after red light etc).

      A possible situation might be that she was trying to enter your lane, check blind spot, started to turn a little without looking. Hit.

      Where is the dent on your car? It should be possible to show from the location and direction of scratches, the heading of the two cars.

    • This Guy on 07/12/2014 - 23:29

      From what you've said, you are in the right.

      Her damange looks like it's only a few hundred dollars worth. I doubt she will claim, and as she insists you are at fault, I doubt she will pay for your repairs.

      Good luck!

  • DEvok on 07/12/2014 - 20:20

    The scatches are on the lower part of my back left door going across the rims Above the wheel.

  • rambao9 on 08/12/2014 - 00:03
    +3

    The lanes are so big, how on earth did she hit on during a slow turn, lol. But I think shes definitely at fault regardless as she hit the back side of your car.

  • tomleonhart on 08/12/2014 - 06:16
    +4

    Wow. It's funny because I live nearby and cross this intersection all the time and see this accident way too many times. Like op said, there are lane A, B, C on Henderson and there are A, B, C lane on Wyndham, A on Henderson is left turn only and connect to A lane on Wyndham. B lane on Henderson connects to B lane on Wyndham and C lane on Wyndham always have car parking. There is a dotted marking line on the street to facilitate this.

    You are not at fault because there is dotted marking line clearly shows this on the street. She crossed the dotted line while turning from A on Henderson to B on Wyndham. She's at fault.

    I see this type of accident all the time and most people drive on A lane on Henderson accuses the other person to be at fault as somehow you're supposed to turn into C land on Wyndham from Henderson B.

    • [Deactivated] on 08/12/2014 - 14:43

      It is kind of understandable if there was no dotted lines. But the dotted lines is pretty obvious, I don't know how they get away with it (or how it happens).

  • akpv on 08/12/2014 - 08:57
    +8

    Confusing looking at these street views. Birds eye view: http://imgur.com/iEYBFOW From what I understand red line is lady, blue is OP. Red line is at fault, get a quote or 3 and send a letter of demand.

    Her insurance company may try and pressure you into paying if you find out they are uninsured. It will start with a letter of demand, then a reduced letter of demand, then debt collectors, then a reduced rate if you pay the debt. Just ignore it all. You're all good, they won't take you to court.

    • lplau on 08/12/2014 - 09:06

      It could be a case of David and Goliath.
      They may just take you to court to exhaust your funds and bankrupt you just because it proves their point.

      Remember, get a lawyer and discuss before trying to start a fight, you maybe better off in mediation instead of court.

      Reminds me of this case: LOL! poor guy, thats what you get for continuing to fight because of pride.

      http://www.dailymail.co.uk/news/article-2537034/Father-two-t…

      Insurance agencies don't just do payouts, they fight for you because you paid them to fight for you. If you are lucky they will make your life easy, however if you are unlucky then you may have to fork out hundreds of dollars to hire a lawyer who will fight for you. The lawyers fees will most likely overshadow a insurance premium, therefore for next time, you are better off getting insurance.

      • akpv on 08/12/2014 - 09:11

        Very very unlikely the insurance company would take the OP to court, they'll just try and scare them.

        • lplau on 08/12/2014 - 10:55
          +1

          Just saying, best give them a call to see if you can solve it. If it doesn't work like that, then try to go to Mediation.

          When it hits the courts, nobody cares about you, the lawyers just keep on fueling the fire, because the longer they can keep the case running, the more money they earn.

          Mediation is a good alternative, which the mediators actually think about both parties instead of themselves.

          But yea, end lesson to learn is to get insurance. As you will most likely dump hours and hours into this to get it solved, Time = Money, so your time is probably best spent elsewhere than to stress and work out a car insurance claim.

          As others have said, You are LUCKY you didn't run into a house or a new ferrari and it was in your fault, or else you would have had to declare bankruptcy or something.

          So the question is now, have you gone and gotten insurance yet? Because out of all the things you can do right now, the wise option would be to get insurance. Just in case you "accidentally" get into a accident tomorrow and it is found to be your fault.

          It is unlikely that they will take you to court, but as you can see in the article that I have posted, the bank did take the customer to court even though it was pretty obvious that they would lose. Another example of just lawyers dragging things out for their own benefit.

    • akpv on 08/12/2014 - 09:10

      Tried to edit my post but timed out.

      I would include a diagram of the accident and applicable road rules to explain why you think she is at fault.

      http://www5.austlii.edu.au/au/legis/sa/consol_reg//arr210/s2…

      http://www5.austlii.edu.au/au/legis/sa/consol_reg//arr210/s1…

  • z10cvbnm on 08/12/2014 - 10:26

    Got similar intersection close to where I live. I always take Lane A cos there are too many people thinking they can go from Lane A to Lane B while turning.

    • gummibears on 08/12/2014 - 12:25

      Yeah. When turning from a 2-lane road to a 3-lane road, I typically stick to an extreme side and then change lanes afterwards if required. E.g. If I'm in the left lane of the 2-lane road, I'll stick to the far left when turning into the 3-lane road. That means I seldom turn directly into the middle lane. However, if I do intend to turn into the middle lane, I pay careful attention on the cars around me.

      Usually there are lines to indicate which lane(s) you should stick to though I don't trust other drivers enough for them to spot or adhere to them.

      To OP: Appears driver in lane A is in the wrong here.

  • aero11 on 08/12/2014 - 10:54
    +1

    I travel on this road all the time, and this is the very reason I turn on Garden St first instead of that intersection to get onto Wyndham/Gibbons.

    As far as I'm aware, A is in the wrong. Having said that when I turn there I always drift halfway into the rightmost lane to prevent this exact situation.

  • DEvok on 08/12/2014 - 12:17

    Yes I have purchased insurance now, but doubt this will cover me since it happened last Friday, I'm just confused where to go from here as the other person might contact me, Then accuse me or they probably already have contacted their insurance trying to claim from me, which probably won't work since I'm not covered as expected.

    • dlaydii on 08/12/2014 - 13:42

      I was in a similiar situation 2 weeks ago.

      Just call the insurance agency directly, they can track down the claim through the other person rego. Then ask what the process is. They can also tell you if the other person is claiming responsibility or is disputing it.

      Make it clear you are not claiming fault, and they will ask you to send through some paperwork (diagram, statement of what happened etc.) If you are clearly not a fault (judging by the fact she hit you from behind - you are not) then they will repair your car.

  • bigticket on 08/12/2014 - 14:56
    +1

    Be aware that, although she claimed at the time to have the right to cross over to the middle lane she will undoubtedly find out this is incorrect and will most likely change her story claiming that you cut into her lane during the turn and she tried to avoid you.

    It will then boil down to your word against hers unless you can somehow document what she had said at the accident, have a independent witness or video evidence.

    These are long shots, but there may be video evidence from businesses with cameras near the intersection that you will have to do some leg work to acquire or maybe some fellow ozbargainers can come forward if they have a dashcam of the incident. Like I said, long shots.

    Good luck.

  • whirlpool_guy on 08/12/2014 - 15:31
    +1

    It's good to invest in insurance (which you've done), as well as front + rear dashcams!

  • DarwinBoy on 08/12/2014 - 15:59

    What is the expected cost of repairs? isnt there an amount reached and then you must call/involve the police? Would it be worth getting them on board? I would think that their say so on what is legal might be worth having. It might also add a bit of power to your bargaining position since you wont have an insurance company doing the heavy hitting for you.

  • DEvok on 08/12/2014 - 16:17

    Should I go and get a quote on how much it is to repair from a mechanic? if I have suffient evidence will her insurance cover my damage?
    I was thinking most people won't make a claim on minor damages as their premium will increase and rather pay themselfs to have it repaired.

    • enforcer on 08/12/2014 - 16:39

      Yeah get a quote anyway but see a panel beater instead of a mechanic

  • Olokun on 08/12/2014 - 16:36
    +1

    Don't worry about her insurance… Just send her a letter of demend with the quotes attached.. It will then be up to her if she gets her insurance company involved.

  • andyken on 08/12/2014 - 17:01

    clearly it is not your fault, she need to give way, and she hit you at the back, so no matter what her excuse, it wont matter as you already ahead and nothing you can do to stop that accident, she hit you at the back side of your car. even if this matter bring to the court, just tell the court that you are already ahead and she suddenly change the lanes without looking

  • charzy on 08/12/2014 - 18:51

    I hope you got a witness. It'll be her word against yours.
    Or a dash cam maybe….
    Good luck.

    • DEvok on 08/12/2014 - 20:23

      Thanks, luckily I was with my father during this incident, I still regret after being hit I did not take a photo from the scene, since cars started making horn signals for us to move to the side.

      • isthisreally_me on 08/12/2014 - 21:23
        +3

        You know that your dad isn't a witness right?

        • kangaroo on 08/12/2014 - 23:04
          +2

          anyone travelling with you (related or not) cannot be a witness

        • rayski57 on 09/12/2014 - 13:39

          @AaronPOZ: So are you saying that if the OP was driving at night with a passenger and he ran over someone, there are no other witnesses but he reports the accident to the cops, they won't take the passengers evidence??
          Ah, I think you guys need to check up before you give advice. From a legal standpoint, his father was there, is a witness and that can't be dismissed.
          What the OP has is a witness that would not be viewed as independent as not only are they related, he was a passenger in the OP's car.
          It doesn't preclude his father being counted as a witness, it just reduces the credibility of his word, until you get to court (hopefully it gets settled before that) and under oath where it regains some of it's value.

        • kangaroo on 09/12/2014 - 17:00

          @rayski57:

          I was involved in a minor accident few months before, my wife was travelling with me at that time. The insurance company said that I cannot use my wife as a witness because she was travelling in the same vehicle. This is clearly stated in the accident report application.

          Luckily for me, a gentlemen who witnessed the event, left his business card with me.

          I eventually ended up using him as my witness to make my claim.

          I would have been in trouble without an independent witness, as the other party changed the whole story moments after the accident, claiming her vehicle was stationary and I hit her car (a complete lie).

        • kangaroo on 09/12/2014 - 17:06

          @AaronPOZ:

          I am not sure about the cops, but insurance companies will not accept a witness travelling with you.
          After my accident I went to the local Police Station and the police informed me that they will not get involved in minor accidents and asked me to sort out the issue through insurance.

  • jzdhgkd on 08/12/2014 - 20:21

    Here's some more stuff to back you up:

    http://www.rms.nsw.gov.au/roads/safety-rules/road-rules/inte…

    Relevant picture: http://www.rms.nsw.gov.au/images/roads/safety-rules/roadrule…

    Picture doesn't depict a left turn but it must surely be the same whether you're turning left or right, right?

  • p1 ama on 08/12/2014 - 21:20

    There are a couple of things that can happen, in my opinion.

    Given the circumstances, it's almost certain that if the other driver knows they're in the wrong, they'll simply just take their car to a shop. It's almost certainly not worth them filing a claim if they know they are at fault because looking at the damage done, that looks like it'll be <$500 for sure. It's not worth making a claim, paying excess and then potentially risking a premium increase.

    If you have their details, I would give them a call and have a chat about it and see if they are willing to do a "cash settlement". If they don't agree, you have to write a letter of demand. Essentially, all of this is because you don't have an insurance company to deal with it for you.

    On your behalf, since you don't have insurance, you don't have anyone to "bat for you" and if they do decide to not contact you again or ignore your letter, there's not much you can do apart from taking them to court, which really won't be worth it.

    My advice is to write that letter, but if it doesn't work out, just go fix your own car for a few hundred dollars, take it as a lesson learned and go buy yourself an insurance plan for future situations.

  • usman6062 on 08/12/2014 - 21:53

    You don't worry….it is her fault….
    Go to Solicitor and ask him to send a letter of demand to her. Or once you get a letter/call from insurance…Tell them she hit you from back….and get the email from there….draw a quick sketch and email them with the pictures of damage to both cars.

    You will be OK…..but, get insurance as well….its not worth driving car around without insurance…

    • lplau on 09/12/2014 - 09:29
      +1

      Can you prove that though?
      It is your word against hers, unless the OP has a witness he can call on.

      The other person could just easily say "he drifted into my lane which made me hit him".

      • rayski57 on 09/12/2014 - 11:48
        +2

        At the time, did you tell her that she was at fault?
        Did you tell her that you're uninsured (don't know about NSW, but in other states you don't needs to give insurers details)?
        I think the real issue here is that she believes (and stated as much) she can change into the middle lane from the left lane when turning left at that intersection. I have been driving & licensed in various states & territories in Australia for a number of decades and never heard of that before.

        Clearly she can't just change lanes mid-turn from behind and expect you to yield. The law doesn't support it, and common sense (not usually aligned with laws) doesn't either. Sounds like she made an error of jusdgement - didn't look, didn't think she was that close etc. Now she's just trying it on, I don't know your age, but maybe she thinks you're young and naiive so won't fight it.

        While accumulating almost 2M kms in my driving history I have had the unfortunate experience of being involved in a number of collisions, mostly while stationary. I have had to fight (successfully) an insurers barrister in court acting on behalf of the woman who spun a web of lies about a collision that occurred while I was stopped at a red arrow while she sailed past straight in her borrowed PoS. I have fought a number of other like battles out of court - always being successful

        Here's how I'd approach this situation:
        Get 2 quotes for your repairs.
        Send her a letter of claim (attach copies of quotes) via registered mail (or some other form with signature). At this point there's no need for a legal shark to be involved.
        State the particulars of the incident, that she said she was changing lanes into your lane when she struck your car and that after confirming the law, you have found that she's completely in the wrong.
        Say that she has 7 days to accept liability and pay for the repairs covered in the quotes or that you will commence legal procedings. Tell her your lawyers are very expensive, in order to keep the costs down for her if she wants to keep her no claim bonus by not claiming on such a small repair you are giving her the option to deal with it personally (read - if she doesn't make a claim it will cost her a fortune if you go to court and she loses).
        She should have lodged a not at fault claim or at the least she's obliged to notify the insurer of an accident within a specified timeframe or they won't cover her arse.

        IF she contacts you within that time but denies laibility or doesn't reply:
        Contact her insurers and ask to speak to whoever is dealing with the claim.
        Point out that she stated she was changing into your lane during the turn and that you could not have avoided her. The photos of the damage support that.
        That she is 100% in the wrong and as she has not accepted liability you are about to commence legal proceedings unless they can confirm (in writing) that they have accepted liabilty and will pay for your repairs.

        They will either say they can confirm they are aware of a claim regarding your vehicle (or that they aren't). They may agree that it appears your claim is valid, they are going through their procedures and will advise OR they may not wish to discuss it and will be in touch (as they know nothing about it because she didn't advise them of the collision).

        Either way, you have them on the backfoot and it is cheaper for them to settle than fight it. Her excess will probably cover her scrape and they will be out of pocket for your damage they will pick that up on her increased insurance premium the next year or 2. If she didn't advise them within the specified time they could wash their hands of liability on this collision and she would have to either fight it privately or foot all the repairs herself.

      • andyken on 09/12/2014 - 20:52

        but what more proof do you need? she hit back of his car, that is mean that she changing lanes without looking. OP cant do anything anymore as he already ahead of her.

    • usman6062 on 09/12/2014 - 18:43
      -2

      Yes you can prove it easily by showing the pictures of damage and with a sketch.
      Its not rocket science…if the sketch match with damage and collosion point….do not worry.

      Also, it is a simple rule that whoever hit from the back…is faulty…

      • charzy on 09/12/2014 - 21:55
        +1

        So if you're behind me, and I decide to merge onto your lane without looking, and I scratched your front/your front scratched my back, you're liable?

        • usman6062 on 10/12/2014 - 13:48

          you need pictures showing damage + a simple sketch to prove it. If you have changed lane and I hit you from back side ( in the middle of the bumper bar)…it would be my mistake in the court of law. However, if you hit me on the side of rear bumper bar while changing lane….it will be your mistake….

          DeVok is saying that he was still in the same lane….when the car hit him.

        • charzy on 10/12/2014 - 19:01

          @usman6062:
          The issue at hand is proving the driver at fault moved into your lane. It doesn't matter if you are in front or behind, it's the person changing lanes which is the crux of the driving fault.
          You cannot use the argument of positioning to determine which person was doing the merging.
          When changing lanes the person whose lane you are changing into is not required to give way unless it's a zipline merge lane (look at the response below).
          Now I understand why people get into accidents so easily, believing that the person behind will be 'at fault' because their own vehicle is in front when merging.

        • usman6062 on 10/12/2014 - 20:25

          @charzy:
          I was telling you according to the court of law…take it easy buddy…!!

  • onlyletters on 09/12/2014 - 12:35
    -1

    @DEvok; 1st lane turns into the first lane, 2nd lane turns into the second lane, if you failed to do this or not provide enough space, then its your fault.

    • rayski57 on 09/12/2014 - 13:28
      +2

      OP stated that 1st lane (her) crossed into 2nd lane (OP) thereby causing the collision.

  • berserkk on 09/12/2014 - 21:20

    go to a traffic accident lawyer, some panel beaters will have the details, get two quotes,

  • OzzyOzbourne on 09/12/2014 - 22:42
    +1

    https://www.vicroads.vic.gov.au/safety-and-road-rules/road-r…

    Ok I know you don't get taught this during your driving "lessons" with your dad, mate, uncle or whoever, but the white lines on the road separating the lanes actually mean something. None of this "1cm ahead gives you right of way to do whatever manoeuvre you want", that's bull crap and is the cause of most accidents and nearly all traffic queues on the freeways.

    The broken white lines mean give way. Clear and simple. When they are solid, do not cross. Simple.
    When you cross any white lines and hit someone, that's your fault, simple.

    I challenge anyone to find the rule (on a legit website) which says as long as you're in front you can change lane regardless of the danger.

    I cannot believe in an apparently modern society, how such a simple and fundamental safety rule is not taught to people operating a killing machine. Yet you have to go on a week's training course to wipe your own ass these days.

    Op, besides the legalities of not having insurance in your particular state, if the other driver crossed any white line, it's their fault.

    • iampoor on 10/12/2014 - 09:51

      "You must give way to vehicles in the lane or line of traffic, when you change from a lane marked with lines, to another.

      This rule applies when crossing over any broken line on the road showing that the lane ends, e.g. merging into freeway traffic."

      Constant cause of issues, seems like 95% of drivers are unaware of this rule. I have been raged at by drivers expecting me to stop to allow them in for situations as described above.

      I can understand letting someone cut in if traffic is banked up but if I am going at the speed limit that person can damn well wait until the lane is clear before trying to merge.

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