Car Accident This Morning - Who's at Fault?

I was involved in a car accident this morning. I'm a little shaken up but okay.

The driver of the other car won't admit fault - I'm certain I was doing the right thing.

I approach the dreaded DFO roundabout from Australia Avenue in the left lane. It indicates you can go straight or turn right. My intention was to turn right on to Homebush bay Drive.

During this maneuver a car on the inside lane attempted to exit the roundabout at Underwood avenue and hit the side of my car.

The driver claims no fault and says I must pay. I tried calling the police to assist however they were busy.

What should my next step be? please see diagram here: http://postimg.org/image/l4ui8awt9/

Poll Options

  • 489
    The other driver was at fault
  • 12
    You were at fault
  • 2
    No one was at fault

Comments

  • +57

    Nice diagram…he is in the wrong lane..

    • +1

      Yep. Have any witnesses or car camera recording? Report it immediately to your insurance

      • +6

        No witness or camera - my 1989 MX-5 which was in showroom condition and loved to pieces will most certainly be written off :(. I just called my insurance (I only have 3rd party) they agreed not my fault but said I will have to contact the other drivers insurance company and sort it out through them.

        • +5

          if your insurance says not your fault, who else matters? PS - it wasn't your fault

          it's a shame that your company won't assist you….ask them for help, they might, they might not

        • +1

          That sucks big time. 3rd party expects you to do all the work? That mx5 is an awesome roadster, hope it's not written off

        • +1

          @supnigs: http://postimg.org/image/ochwjf1nn/ Great car, really hope they can fix it too.

        • +1

          @Mysterymeat: bugger. Right in the a pillar. Hope the insurance doesn't low ball the car write off cost and pays you out like 2k

        • @swiggity swag:
          Wrong and you certainly have to. By crossing the outside lane and therefore changing into it you must give way when you do.

        • +5

          @Shonky: There is no situation when you have to change lanes on a roundabout. You enter in the correct lane depending on which exit you wish to take and remain in that lane until after you exit. The only time you need to give way is to any traffic (in either lane) already on the roundabout before you enter. The issue in this case is the the other driver has entered in the right turn only lane and has taken the exit straight ahead.

        • +8

          @swiggity swag:
          It's still perfectly legal and allowed and must be done to leave the roundabout. Crossing a lane is changing lanes.

          Maybe you should brush up on the road rules. You must give way when leaving the roundabout if you are in an inside lane. You can't just blindly cross lanes. Not everyone outside of you entered the round about at the same point so there are situations where they won't necessarily leave with you.

        • +16

          @tonsta:
          It is very cut and dry. The other driver is 100% at fault.

          When entering a multi-lane roundabout without any arrows:
          From the left lane: You can turn left or go straight.
          From the right lane: You can go straight, turn right or do a U-Turn.

          When entering a multi-lane roundabout with arrows:
          The arrows take precedence.

          In this case, the arrows indicated that the other driver had to turn right.

          If the other driver wanted to go straight he needed to either A: Enter this particular roundabout from the left lane, or
          B: change lanes in to the left far sooner than the exit point of the roundabout and make sure he gives way.

        • +2

          @Huckster: I complete agree, this is cut and dry:
          http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubL…

          "
          A driver driving in a
          roundabout must give a right
          change of direction signal before the driver
          changes marked lanes to th
          e right, or enters a part
          of the roundabout where there is room for another
          line of traffic to the ri
          ght, in the roundabout.
          Penalty:
          3 penalty units.
          "

          It is also assumed the other driver would give way while attempting to change lanes. It sounds like they did not try to change lanes they just didn't read the lines on the road before entering the roundabout

        • @oscargamer:

          He has said he's got third party cover?

        • +3

          @ankor: 3rd party or 3rd party property - there is a big difference…

        • @swiggity swag: "There is no situation when you have to change lanes on a roundabout."

          So someone who enters in the right hand lane can never leave the roundabout?

          That particular roundabout does have dedicated entry lanes. The right hand lane would have right of way when exiting over cars behind them in the left hand lane. The photo of the O.P.'s damage show that this clearly was not the case. Given the colour and position of the damage, the other driver is totally blind, was distracted, or it was a case of sheer bloody mindedness and false entitlement.

        • +5

          When you talk to the other driver's insurance company, just explain the situation (and include your diagram) at first.

          If they refuse to pay, you can inform them that as their client committed a traffic offence by breaking the road laws, you'll be asking the police to charge them.

          A similar thing happened to me - someone t-boned my car (I wasn't driving at the time) after coming through a give way sign. Their insurance company insisted on equal fault, each party covers own costs. After putting together a bit of a diagram like yours, pointing out the give way sign and telling them that my next course of action was to have their client charged with failing to give way, they changed their tune and covered the cost of repairs to my car.

        • +1

          @terrys:
          Doesn't matter about dedicated entry lanes. The inside lane has no right of way as they are changing lanes regardless. They must give way. Now if they followed the markings AND entered at the same point then there's no problem. Someone in the outside lane may have entered elsewhere.

        • +1

          @Shonky: I don't think there are clear instructions if that's legal or not, but seems to be only allowed for bicycle riders when in roundabout.

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

          Roundabouts and bicycle riders

          Bicycle riders are allowed to turn right from the left hand lane. When passing each exit, the rider must give way to any vehicle leaving the roundabout from that exit.

          Always keep an eye out for cyclists and consider their needs at roundabouts – they may not be as easily seen as cars. Remember that unlike cars, they are permitted to turn right from the left lane. For safety reasons, cyclists may need to change lanes when approaching, travelling in and leaving roundabouts.

          Interesting that Police did not arrive even when called. I suggest to exchange insurance details and let insurance companies sort it out. From the diagram, I personally think other drive is at 110% fault and now trying to blame. It will not be a surprise if you find other driver does not have insurance.

        • +1

          @b4rgainhunter:
          It's not allowed normally, you are right. However in this case the arrow markings entering the roundabout override this. Either way inside lane still must always give way.

        • +1

          @Huckster:

          I'm not arguing that the other driver who was right or wrong. Which lane would have to give way in this case? The QLD gov says to give way to all cars currently on the roundabout before exiting.
          https://www.qld.gov.au/transport/safety/rules/road/roundabou…

          What if the red driver went around the roundabout for a full round and exited from the very same exit? This would be similar to entering the roundabout from the left red circle or underwood ave which arrows indicate an exit back on underwood is legal.

        • @swiggity swag: This is illogical. Inside roundabout lane needs to be entered and exited: for that to happen a vehicle needs to cross the outside lane twice (=change the lanes twice).

        • @Shonky: Sorry I didnt get that because the arrow marked before entering to intersection shows Turn Right Only in left lane and straight and left on left lane.

          in VIC it's a bit different now because they have marked turning in middle as well but not in NSW.

        • @Huckster: Arrows don't take precendence, common sense does. Are you not allowed to do a U-turn on this roundabout because there is no U-turn arrow?

        • @Shonky:

          I think you have the OP and the other guy back to front? Check the diagram again.

        • @tonsta: what are you talking about? The arrows count for everything.

        • @Marty131:
          Nope.
          OP is black. Other guy is red. Red didn't give way therefore red is wrong.

        • @dojomojo:

          Well in any event, he's talking about his car being a write off and not personal injury. So which do you think he's referring to?

        • +1

          @derek324: Crossing a lane is not changing lanes. Before you enter the intersection you position your vehicle in the right lane if intending to exit by the second, third or any subsequent exits. When safe you enter the right lane of the roundabout and remain in that lane. When passing the road before your exit road, you give a change of direction signal to the left and then leave by the right lane of your exit road, canceling you left turn signal once leaving the intersection.
          Roundabouts are incredibly efficient for controlling traffic unfortunately it appears the majority of the community are unable to use them correctly.

        • @terrys: The right hand lane is clearly marked as right turn only, how can you suggest that they have the right of way to exit the roundabout straight ahead over cars in the correct left lane for that maneuver. People like you failing to undertand the road rules is what results in collisions happening.

        • @Domingo:

          Why would the insurance company care if the police charge one of their customers? They don't exist to obstruct the police.

        • @swiggity swag:
          Crossing a lane is changing a lane:
          http://www.rms.nsw.gov.au/roads/safety-rules/road-rules/roun…

          It doesn't change anything though. It still requires giving way.

        • @Shonky: The link you have provided says nothing about changing lanes. In fact for a right hand turn it specifically says "Stay in the right lane".

        • @swiggity swag:
          Wrong

          "Be careful if changing lanes in a roundabout, particularly when leaving."

          RMS consider leaving the roundabout as changing lanes.

        • Many many years ago when I first got my license I had Third Party Property on my Sigma as it was only worth about $2000 at the time and Comprehensive Insurance was going to cost in excess of $1000.

          Was involved in an accident where the other driver was clearly at fault, I received the same response you have had from my insurer basically saying they won't do anything for me and I have to deal with the other drivers insurance company.

          In summary, I ended up getting the run around for weeks and his Insurer refused to believe my account of the story and the evidence from the vehicles. No surprises as it would mean they have to pay me if they admit client at fault.

          From that point on, only ever had Comprehensive Insurance.

        • FYI write off rules in Australia are 2 safety features comprimised and/or 7k in damage.

          But the insurance company can also choose that it's unecomonical to repair and write it off.

          If thats the case, you can always get yoru own quote to repair and a quote to buy it from the insurance company (as, once you accept a claim the car is their property).

        • @Hellman109:

          Write-off for $7K damage?

          I don't know what the correct figure or assessment method is, but $7K worth of damage doesn't sound like a lot to have a car written-off.

          I would've expected something along the lines of a "repair cost" to "value of car" ratio instead of a fixed amount.

          Given the price of parts for some pretty common european cars, I think a slightly damaged front panel and headlight can easily cost that amount in repairs.

        • See that is why you have comprehensive insurance.

          Your insurance won't help you so send the other driver a letter of demand to pay. You'll have to go and get a quote and ask the person working at the body shop if it is worth repairing or if it will be written off.

          If it is written off it gets a lot more complex as you don't have insurance you will need to work out a price for your car by looking at other cars of the same year with similar kms and in similar condition.

          Then send a letter of demand requesting payment or you will take them to court.

          Does the other driver have comprehensive insurance ?

        • @b4rgainhunter: wrong place

        • This is incorrect.

          On the inside lane of a multiple lane roundabout, you change lanes as you enter and exit. So twice.

        • -1

          @tonsta:

          its not cut and dry unfortunately, the arrows do not mean very much at the start of the roundabout

          I don't even have my license and I still know they do. They indicate the direction of travel. The inside lane isn't legally able to cut through the outside lane to exit.

        • @oscargamer: His 3rd party insurance and their opinion is irrelevant in this situation.

    • Nice photos underneath…
      Oh yeah sure s/he is at fault of course.

    • yep nice diagram - youre in the right - let your insurance sort him out. youre gold…

  • +2

    He was in the wrong lane. You don't try to exit a roundabout from the inside lane. Did you get a witness?

    • +2

      You probably don't need a witness in this case because it is almost always the fault of the car who merges into the side of another one because you need to give way when merging/changing lanes.

      • Yes but where's the proof the collision took place on the roundabout in those circumstances? He could say OP just smashed into him on the straight road?

        • CCTV

        • The damage is on the O.P.'s drivers door pillar. Some drift.

        • Wouldn't the tow truck know where they picked the car up from? Surely one of the drivers took pictures of the damage where it happened?

    • -5

      how do you know its a "he"?

    • +3

      If he turned right he would be still exiting from an inside lane? Your argument is invalid.

      • +10

        You have made 6 comments on this thread, all have been arguing in favour of the other driver and you only signed up to OzBargain an hour ago.

        Are you the other driver?

        • +4

          Tonsta must be the other driver. His comments also shown us that he doesn't know how to drive and should be sent back to the theory tests.

    • If you enter in the correct lane for the maneuver you wish to perform there is not reason why it is unsafe to exit from the right hand lane of the roundabout as long as you leave by the right hand of the exit road.

  • +1

    Why does the other driver think he is not at fault?

    • +19

      They stated they do the same thing everyday so they must be right. Really they were putting themselves and others in danger everyday.

      • +2

        That's quite the defense they have: "I always do the wrong thing, therefore I'm right". By that logic Ghengis Khan and Hitler were right!

        • +2

          Only the victors were "right". Were Charlemagne, Alexander, Julius, Cyrus, Ashoka, Tamerlane "wrong"? By that yardstick Ghengis wasn't really "wrong"

        • -2

          @lolbbq:

          Yes dictators are wrong. I'm surprised you didn't add Hitler, Mussolini to the list. (Godwin be damned. Hitler is relevant).

          Julius Caesar was famously stabbed in the back.
          Alexander may or may not have been poisoned and died at age 32.
          Charlemagne had 14 years of reign, though he died of disease not from his war effort. Queen Elizabeth has had over 60 years.

        • @syousef:

          Unfortunately most of these are known as conquerors not dictators. Circumstance of death does not matter. By and large they had won most of their military campaigns.

          Didn't add hitler and mussolini to the list because their territories were occupied by opposing forces at the end of their rule.

          That is what I meant by : only the victors were "right". History doesn't paint a very negative image of these victorious conquerors (well compared to defeated dictators who lost their territory).

          Btw I did not neg you.

        • @lolbbq:

          Don't worry about the neg. I'm pretty sure I have a troll following me around negging every comment that they see my name on. Some people don't lose arguments gracefully.

          It isn't who occupies at the end of their reign that writes the history. It's whatever society dominates that was interested in who was right. But there are always alternate points of view.

          Btw you're very wrong about most of these being known as conquerors not dictators. The terms aren't mutually exclusive. All are known as both.

          Google "genghis khan dictator" or "alexander the great dictator" without the quotes.

    • +9

      On most two lane roundabouts the center lane arrow for the other driver would have been straight OR right. Similarly the outside lane would normally be left or straight through only. For whatever reason, this one is a bit different but the arrow markings would definitely take precedence.

      So I can see where the other driver is (wrongly) coming from. If he/she does it every day then he/she clearly hasn't paid attention to the lane markings.

      Pretty clear cut really. Hope that he sticks to his story (if no witnesses) about being right because once that's recorded he doesn't have much chance.

  • -1

    Have insurance? Call them.

  • +1

    This also happens a lot when a driver from an inside lane tries to turn into your lane(outside lane) at an intersection, yes, they are at fault.

  • If his lane was marked as turn right only then he is at fault. Just call you insurance, soon as you get him to confirm where it happened, the fact the damage on your right side proves he was at fault

  • +1

    Pretty obvious, the arrows prior to entering the roundabout tell the story.

    Edit: Tell the guy to contact your insurance company. Let them deal with him!

    • OP has 3rd party only

  • +2

    The other drives lane upon entry clearly states right turn only. They should of been in the left lane (your lane) in order to exit there. They are at fault.

  • +2

    Yep, like others have said, this one's a no brainer. Let the insurance companies duke it out. They'll be paying. Good to hear you're ok.

    • OP's insurance company won't be paying, since he doesn't have comprehensive.

      • +1

        OP's insurance doesnt need to pay cause he's not at fault. Guy went straight from a turning only point.

    • +1

      How so?

      • me thinks, sarcasm

        • +6

          If that was an attempt at sarcasm, they shouldn't quit their day job.

        • +2

          Either that or @Multiverse missed the photo in the corner of the diagram/photo, with the special lane markings (Yes, not normal!).

  • +11

    you should have hit that ATM at the same time… could then have the cash to get the MX fixed ;)

  • -7

    You cannot switch lanes during a roundabout at ANY time. The other driver tried to change into your lane to exit hence, they are at fault. And clearly that driver's lane is right turn only.

    • Wrong. How does the driver in the centre lane leave the roundabout? They have to change lanes (giving way). Besides ignoring the arrows the other driver in this case did not give way.

      • -4

        Well that's what the driving instructor said… not unless he's wrong :S

        • +2

          He's clearly wrong. Maybe he advises that not as rule/law as much as something to keep you out of trouble. Certainly changing lanes on a roundabout can be tricky sometimes.

    • +1

      I hope you don't drive on ANY road with me at ANYtime!

  • +8

    He was probably just exercising what most at fault drivers do. Denying fault.

    • Called the cops and they didn't want to come because we said there was no injury. So always say there's an injury lol

        • ah, well for me this happened years ago, and it was a rear-ender where the dude ran into the rear of our beloved lemon car cough. The writeoff actually ended up as a benefit because our ozbargainy ways led to us getting the car at a cheaper price than the market value that it was assessed at.

    • Yes lodge a report to the plolice asp as he may have done so blaming you as you were speeding and he indicated and make his move.. Blah blah your fault your fault.

    • Went to the station, they were only able to confirm the driver current address.

  • +10

    Your pds says you should never admit fault, he's just doing the good thing. Don't worry you'll get it sorted as he was at fault.

    • +1

      Yep - if the driver admits fault, then their insurance company can wash their hands of the whole matter.

      • Any idea if that has been tested in court?

      • They claim that they can, but truth be told they cannot. It only really becomes somewhat of an issue where liability is in question, but this is 100% (based on the OP's description) the fault of the other driver. Admitting fault here would do nothing.

  • +9

    The road markings seem to look a little strange for this roundabout…

    If you base it purely on the markings of what the OP has shown where his and the other driver's car has entered the roundabout, then the other car is at-fault because he is in the incorrect lane to go straight.

    But if you look at the other standalone red circle that the OP has marked on the diagram (on the entrance to the roundabout parallel to Homebush Bay Drive), that circled arrow indicates it's the lane to turn right. A vehicle that enters the roundabout from that side wanting to turn right into Underwood Road would end up in the same position as the car that hit OP - trying to exit at that point.

    Yet the road/lane markings at the Underwoord exit doesn't say that a driver can exit from the inside lane.

    • -5

      Of course they can exit right from inside lane. That's why they need to give way from the inside lane regardless of where they came from or where they're exiting.

      • I agree that they can change lanes and exit (as per the usual rules with changing lanes), but that particular exit is not marked as both lanes being allowed to exit. If you look at the other exits, they've clearly marked that both lanes can exit.

        If a driver was on the inside lane trying to leave the roundabout from any of the other exits on that roundabout, there is no need to give way to the outside lane.

        • +3

          there is no need to give way to the outside lane.

          I'm sorry, but the inside lane ALWAYS has to give way to the outside lane, turning cars ALWAYS have to give way, and most of the time in any accident the turner is usualy at fault (and pretty much always blamed even if the other person was speeding). You cannot cross the lines on the road unless it is safe to do so, which the other driver did without ensuring it was safe.

          Because the stupid driver didn't want to take a few seconds to go around again he caused the collision. Perhaps he was flustered at being in the wrong lane to get to where he wanted but that's no excuse.

          Oh i forgot this link that is pretty definitive in who is at fault

          This video from Transport For NSW means case closed: https://youtu.be/sCXtcXD17qU?t=74

        • +5

          @TrendyTim:

          I've marked up the OP's original image - there is no need to give way to the outside lane at any of the OTHER exits on that roundabout.

          Have a careful look at the road markings at each of the other three exits!

          http://postimg.org/image/vq3v00q8v/

          So tell me… at which one of those exits, that I've marked with blue arrows, must a driver on the inside lane give way to a vehicle that's in the outside lane?

          I'm sorry, but the inside lane ALWAYS has to give way to the outside lane…

          Your statement is definitely incorrect!

          It is quite the contrary to what you're saying. At each of those exits, if you're driving on the inside lane and a vehicle is driving parallel to you on the outside lane and they want to cross your path, they are the ones that have to give way because they would be considered to be changing lanes.

          The exit that the OP got swiped on is different to the others.
          At that particular exit, a car on the inside lane must change into the outer lane, therefore must indicate and give way.

          PS: I've said that, in this case, the other driver is at fault for side-swiping the OP.
          The point of my post was point out that the markings look a little strange when you look at the roundabout as a whole.

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