Lane Filtering in NSW. Got Hit From Behind. Insurance Company Deemed I'm At Fault

Kittokid on 20/11/2015 - 17:30
Last edited 20/11/2015 - 18:19 by 1 other user

Hi fellow riders and Ozbargainers,

I need your help and suggestion about lane filtering and changing lanes during a red light.

Accident Description:
All of the events described were during the red light (the light doesn't change to green or amber when the accident happened).

I am a full licensed rider in NSW, Sydney and was filtering the lane (my speed was less than 15 km/h) in the middle of 2 lanes and about to change the lane between 2 cars (turning left between the car in front and on my rear). I turned my signal on and when I was 1/4 way to change the lane, the car on my rear lightly accelerated and hit the back of my Vespa.

It was a small scratch on my Vespa and on the car (not a big accident), but the car owner lodged a claim. The insurance company deemed I was at fault, because I changed the lane "dangerously".

I am confident that I am not at fault, as the light was still red when I changed the lane (with a good buffer of approximately another 30 seconds before the light changed to green). I turned my signal on, and there was ample space between these cars, for me to change lanes. At the moment, the insurance company stated that I am responsible, but I reject this and want to appeal. Now the Debt Collection Agency is asking for the accident description and diagram about this.

What do you think guys? Any help or suggestion is appreciated.

Automotive Vespa

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Comments

  • Whomastadon on 25/11/2015 - 09:20

    Aren't there solid lines separating lanes when you get close to Traffic lights, which are supposed to prevent you from changing lanes near intersections?

    • Kittokid on 25/11/2015 - 09:49

      There are, but only for the front lines only and I was not in the front of the line.

  • Kittokid on 25/11/2015 - 09:59
    -2

    Hi guys,

    I re-write the accident description that I will submit to the DCA, comments and feedback are highly appreciated:

    "WITHOUT PREJUDICE”
    I deny all liability and should you wish to pursue your claim you do so in court, if you don't then any other steps including but not limited to debt collectors will be considered harassment. My offer of settlement is to close the case, not an admission of guilt.
    Accident Description:
    Location: XXXX Street, before the traffic light
    Date: dd/MM/YY, around 19:30
    I am a full licensed rider in Sydney,NSW.
    The accident happened during the red light where all cars were completely stopped, including XXX’s car. Knowing that it is safe as all cars were stopped and the red light is still red for approximately another 30 seconds or so, I decided to filter the lane slowly (my speed was less than 10 km/h) in the middle of 2 lanes.
    I noticed there was not enough space for me to go to the front of the line as there were 2 big cars, SUV and a Hilux on the front line. And I saw an ample space to change the lane (approximately about 1 meter) between XXX car and the SUV in the front line. Just before deciding to change the lane, I turned my head to the left; saw the driver (XXX) in his Hyundai on his phone. At this point I was level with him, and all cars were stationary, including his, and I decided to flick on the turn left indicator, and begun my move into the left lane, to overtake the Hyundai.
    I changed lane to the left between the car in front and on my rear and when I was perpendicular with the cars, completely in the lane when the car on my rear (XXX’s car) accelerated and his right front light hit the back left of my Vespa. No damage on his car right front light and small scratch on the back left of my Vespa.
    Vespa Scratch Pictures:
    http://imgur.com/1VeSs7a

    • CLoSeR on 25/11/2015 - 11:16
      +1

      One metre is not ample space to change lanes, your Vepsa is 1.78m in length; and then you state you were perpendicular to direction of traffic. If there is only one metre separating the driver in the rear to the front car then you drop in there is a good chance he could not even see your tail light. It's just too close and you're pushing your luck riding like this.

      Pay up, you're at fault and having no insurance means you have to fight this alone.

      Consider it a lesson learnt and you are fortunate to not have caused significant costly damage which you would be personally liable.

      • Kittokid on 25/11/2015 - 13:28

        Hi CloSeR. I wasn't trying to settle into his lane but to change the lane to the left most lane, thats why my Vespa was perpendicular with the cars. The reason why I moved is because the cars were stopped and I scanned the surrounding beforehand to check if it was safe, if they are moving I wouldnt take the risk to filter and change the lane. Rider is at higher risk than drivers.

        • CLoSeR on 25/11/2015 - 13:35

          Riders are certainly at more risk of injury or death, which is why how you need to have a healthy respect for larger and heavier vehicles on the road.

          Edit:

          So you were lane filtering between the right and centre lanes and then tried to cut through standing traffic in the centre lane to run up between the left most and centre lanes?

          It doesn't sound right, and you are changing lanes and not lane filtering at this point so normal road rules apply.

          You are not making a lane change with safety.

  • T0KY0 on 25/11/2015 - 17:13

    I had a similar issue; I changed lanes and was completely in front of a car, he edged right up trying to be an asshat to shoot back past me on the green light, but the curb was in the way. Ended up my fault because 'I scratched him' when I took off, even though he'd wedged himself between my (stationary) rear and the curb. QBE found me at fault, so I never renewed my policy. I then got my whole large estate's body corporate to switch to a new insurer too. Karma and all that.

    Cameras are the only way these days, pity most of them look so fugly.

  • euk on 25/11/2015 - 21:31

    There are some pretty good looking action cams out there. Call me crazy, but the new gopro cube look pretty nice, and small.

    Due to the price of cheap dash cams, there is no reason why people should not go out and buy one. I've been involved in accidents which were not my fault, but in a 1 vs 1 situation, it's their word against yours. The only thing that saved me as others placed the blame on mef was the dash cam (I have comprehensive insurance, but still I rather not pay a $500 excess).

  • knk on 25/11/2015 - 22:32

    Once you're planted and in that lane, he runs in the back of you… drives forwards without looking / hasn't noticed you?

    It's his fault, regardless of the filtering he wasn't paying attention and you had established you were now in that lane. He rear ended you, open and shut.

    But let's be honest, the real problem here is the fact its a vespa :p. My last 2 bikes I have made sure to make annoyingly loud so you can't not notice me lol.

  • abh_gup on 25/11/2015 - 23:20
    -3

    Could you please tell us the name of your car insurer, just for future reference, perhaps after all this is sorted?

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